Kundan Tanti @ Chandan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42148 of 2022 Arising Out of PS. Case No.-76 Year-2022 Thana- MARANCHI District- Patna ====================================================== Kundan Tanti @ Chandan S/o Suresh Tanti R/o Village- Bahapar, P.S.- Pachmahla O.P. (Maranchi), District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Prasad, Advocate For the Opposite Party/s :
Mr. Md. Mushtaque Alam, A.P.P.
========================= ============================= CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Maranchi (Panchmahla O.P.) P.S. Case No. 76 of 2022 registered for the offences punishable under Sections 384 and 120(B) of the Indian Penal Code and Sections 7, 8 and 12 of the P.C. Act, 1988.
As per the prosecution, this petitioner and some police officials were found extorting money from the drivers of vehicles which were being used in transporting sand and from the possession of this petitioner Rs. 1,050 was recovered which
Patna High Court CR. MISC. No.42148 of 2022(3) dt.22-11-2022 2/3 was alleged to be a part of the extortion money. The main submissions advanced by learned counsel Mr. Uday Prasad for the petitioner are that the petitioner has clean antecedent and he is not a Government employee, as per the FIR he is stated to be a private driver and from his possession only Rs. 1,050 is alleged to have been recovered and two co-accused persons namely Shahnawaz Khan and Madan Kumar have been granted bail by co-ordinate Benches of this Court and the said co-accused persons who were allegedly involved in extorting money were Government officials. Learned APP Mr. Md. Mushtaque Alam appearing for the State has opposed the bail prayer.
Heard both the sides and perused the FIR. Petitioner has clean antecedent and languishing in jail since 22.05.2022 and he is stated to be a private person and as per the FIR only Rs. 1,050 was allegedly recovered from his possession and two co-accused persons who were allegedly involved in extorting money and who are stated to be Government employees are on bail granted by co-ordinate Benches of this Court. Considering these facts as well as petitioner's custody period, in the opinion of this Court a lenient approach can be taken in respect of petitioner's prayer, let the petitioner be released on bail on
Patna High Court CR. MISC. No.42148 of 2022(3) dt.22-11-2022 3/3 furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court in Connection with Maranchi (Panchmahla O.P.) P.S. Case No. 76 of 2022.
(Shailendra Singh, J.) Prashant/- U T