Chandan Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45962 of 2024 Arising Out of PS. Case No.-148 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== Chandan Tanti, age about 30 years (M), S/O Dinesh Tanti, R/O Village- Ram Nagar Morcha, P.S- Naya Ramnagar, Distt.- Munger. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar, Advocate For the Opposite Party :
Mr. Umesh Lal Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2024 Heard the parties.
2. The petitioner seeks bail in connection with Sessions Trial No. 261 of 2023, arising out of Naya Ram Nagar P.S. Case No. 148 of 2022 dated 07.08.2022 registered for the offences punishable under Sections 302, 120B/34 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and the coaccused persons alongwith four unknown miscreants took out the pistol from their waist and started firing indiscriminately which hit on the head, stomach and back on the husband of the informant leading to his death.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.45962 of 2024(2) dt.25-07-2024 2/3 present case. It is submitted that there is general and omnibus allegation against the petitioner. It is further submitted that as per the prosecution case, three persons including the petitioner and four unknown persons fired on the informant's husband but from perusal of the postmortem report, it is evident that the doctor has opined that the deceased had sustained only two injuries. The charge sheet has been submitted in the present case. The other co-accused person has already been granted bail by a Bench of this Court vide Cr. Misc. No. 43174 of 2023 under order dated 23.06.2024, annexed as Annexure-P/2 to the present bail application. The petitioner has three criminal antecedents and in one case, he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 19.09.2023.
5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Munger in connection with Sessions Trial No. 261 of 2023, arising out of Naya Ram
Patna High Court CR. MISC. No.45962 of 2024(2) dt.25-07-2024 3/3 Nagar P.S. Case No. 148 of 2022 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T