Krishanandan Tanti @ Kisnandan Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51795 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== Krishanandan Tanti @ Kisnandan Tanti, Son of Amarjeet Tanti Resident of Village - Pannapur, Ward No.- 1, P.S.- Matihani, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhanshu Kumar Lal, Advocate Mr.Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Matihani Case No.155 of 2020, registered for the alleged offence under Sections 147, 148, 149, 323, 307, 302, 504 and 506 of the Indian Penal Code.

As per the prosecution story, the father of the informant died due to assault by the petitioner and other co-accused persons. The occurrence took place in the background of dispute over minor issue between the side of the informant and

Patna High Court CR. MISC. No.51795 of 2021(6) dt.25-07-2022 2/3 the petitioner and, thereafter, the petitioner and other co-accused persons assaulted the family members of the informant causing a number of injuries to them.

Learned counsel for the petitioner submits that it is apparent from the FIR that there was no intention to cause death of the father of the informant. It is also apparent that dispute arose over the very minor issue. Moreover, assault on the father of the informant has not been specifically attributed to the petitioner and there is general and omnibus allegation against him. The charge sheet has been submitted in this case and the petitioner is in custody since 04.12.2020.

Learned APP opposes the prayer for bail submitting that there is specific allegation against this petitioner that he along with other co-accused Bacho Tanti assaulted the father of the informant with iron rod.

Perused the records.

From perusal of post mortem report, it appears that total four injuries have been found on the person of the deceased and cause of death has been stated to be haemorrhage and shock as a result of the aforesaid injuries, caused by heavy, hard and blunt substance, hit on head, associated with neurogenic shock. Since the petitioner has been specifically named for

Patna High Court CR. MISC. No.51795 of 2021(6) dt.25-07-2022 3/3 hitting the father of the informant with iron rod and the death has occurred as a result of this assault, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for grant of bail is rejected. The trial court is directed to expedite the trial and conclude the same expeditiously preferably within a period of nine months.

However, if the trial is not concluded within the aforesaid period, the petitioner may renew his prayer for bail. (Arun Kumar Jha, J) V.K.Pandey/- U T