Kundan Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45239 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Kundan Tanti S/o Mukhi Lal Tanti @ Mukh Lal Sharma R/o VillageGardhmohini, P.S.- Gogri, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate Mr. Umesh Prasad, Advocate Mr. Vikrant Vikram, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan For the informant :
Mr. Gaurav Kumar, Advocate Ms. Kumari Archana, Advocate Ms. Shyama Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-07-2025 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the informant.
2. The petitioner is in judicial custody in connection with Choutham P.S. Case No. 32 of 2024 for the offences punishable under Sections 302, 120-B and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and other co-accused persons, under a conspiracy, murdered the brother of the informant and threw his dead body in the Lichi orchard of one Bhuwneshwari Roy.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.45239 of 2025(2) dt.30-07-2025 2/3 case. He further submits that co-accused persons namely Bipin Tanti @ Bipin Sharma and Naresh Tanti have been granted regular bail by co-ordinate Benches of this Court vide Cr. Misc. No. 56964 of 2024 dated 19.11.2024 and Cr. Misc. No. 37727 of 2024 dated 18.06.2025. The petitioner is in custody since 11.02.2025.
5. Learned APP for the State opposes the prayer of the petitioner for bail.
6. Considering the facts and circumstances of the case as well as the fact that co-accused persons have been granted bail by Co-ordinate Benches of this Court, this application for regular bail is allowed.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria/concerned Court below in connection with Choutham P.S. Case No. 32 of 2024, subject to the following conditions:
(i) One of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court
Patna High Court CR. MISC. No.45239 of 2025(2) dt.30-07-2025 3/3 failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds.
(Sandeep Kumar, J) Shishir/- U