Kailash Tanti @ Kailu Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13911 of 2018 Arising Out of PS.Case No. -64 Year- 2017 Thana -SABAUR District- BHAGALPUR ======================================================
1. Kailash Tanti @ Kailu Tanti, Son of Baishakhi Tanti, Resident of Village- Mamalkha, P.S.- Sabour, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s : Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/341/ 323/504/ 506/307/379 of the Indian Penal Code.
It appears that similarly situated co-accused Binod Tanti, Kishore Tanti, Rohit Tanti and Bal Mukund Tanti were allowed bail by learned 7th Additional Sessions Judge, Bhagalpur in B.P. No.1348 of 2017 on 24.11.2017. The same learned Judge has refused bail to the petitioner without distinguishing the case of the petitioner from other co-accused.
In the circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/-
Patna High Court Cr.Misc. No.13911 of 2018 (2) dt.12-03-2018 P2/ (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sabour P.S. Case No.64 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. Call for an explanation from the learned 7th Additional Sessions Judge, Bhagalpur, who has passed order dated 24.11.2017 in B.P. No.1348 of 2017 and order dated 05.02.2018 passed in B.P. No.123 of 2018 regarding reason for such discrimination. The explanation must come in the administrative side within four weeks from the date of receipt of a copy of this order in the Judgeship of Bhagalpur. The District Judge, Bhagalpur, shall ensure communication of this order to the learned 7th Additional Sessions Judge, Bhagalpur.
(Birendra Kumar, J) Mkr./- U T