Lalu Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46833 of 2024 Arising Out of PS. Case No.-16 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Lalu Tanti S/o Prakash Tanti R/o Village Mamalkha, PS Sabour, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. This is the second attempt of the petitioner. Earlier the bail application of the petitioner was rejected on vide order dated 25.07.2023 passed in Cr. Misc. No. 34836 of 2023.

3. The petitioner has preferred this application for grant of regular bail in connection with Sabour P.S Case No. 16 of 2020 dated 16.01.2020 registered for the offences punishable under Sections 341, 323, 504, 506, 307, 379 and 302 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons holding danda and iron rod come abusing to the door of the informant and exhorted to kill. Thereafter,

Patna High Court CR. MISC. No.46833 of 2024(3) dt.22-08-2024 2/3 they began to assault the informant's father and brother indiscriminately. In the meantime, the petitioner assaulted on the head of the informant's father with iron rod with intent to kill causing broken injury.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is case and counter case between the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.09.2021.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of assaulting the informant's father with iron rod. It is further submitted that the informant's father died during the course of investigation.

7. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner above-named on bail.

8. Learned Trial Court is directed to expedite the trial and conclude the same at the earliest.

Patna High Court CR. MISC. No.46833 of 2024(3) dt.22-08-2024 3/3

9. The bail petition stands rejected.

(Chandra Prakash Singh, J) Jyoti/- U T