Bahor Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44000 of 2019 Arising Out of P.S. Case No.-237 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Bahor Tanti, aged about 55 years, Male, Son of Late Biso Tanti Resident of Village - Khamhar, P.S.- Muffasil, Distt - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar Tewary, Advocate For the Opposite Party :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor as well as learned counsel for the informant and perused the case diary. The petitioner is in custody in connection with Muffasil P.S.Case No.237 of 2018 registered for an offence under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code.

As per prosecution case, it is alleged by the informant that this petitioner and other co-accused persons assaulted the brother of the informant by means of Khanti as a result of which he caused head injury and also took out Rs.2,000/- from the pocket of the informant by the other co-accused . It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case. There is case and counter case between the parties. There is no eye witness to

Patna High Court CR. MISC. No.44000 of 2019(3) dt.25-09-2019 2/2 the alleged occurrence. It is also submitted that chargesheet has already been submitted. Petitioner has got clean antecedent and he is in custody since 15.05.2019.

Learned counsel for the informant vehemently opposed the prayer for bail of the petitioner. In view of the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S.Case No.237 of 2018 with following conditions:- (i) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. B.Kr./- (Prabhat Kumar Singh, J) U T