Munna Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50532 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Munna Tanti, son of Darho Tanti @ Dhoro Tanti, resident of village- Sonapur, Panchayat Bhawan, Ward No. 14, Nayagaon (Nayagaw), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Muffasil P.S. Case No. 194 of 2023 dated 04.04.2023 registered for the offences punishable under Sections 302, 201 and 120(B)/34 of the Indian Penal Code.

4. As per the prosecution case, the co-accused Raja Ram Tanti along with his friend was alleged to have killed the brother of the informant on account of previous dispute of

Patna High Court CR. MISC. No.50532 of 2023(2) dt.16-08-2023 2/3 wife of Raja Ram Tanti and the dead body was disappeared in the garden of Bari Eghu.

5. Learned counsel for the petitioner has submitted that the petitioner is not named in the FIR but due to ulterior motive, he has falsely been implicated in this case. He further submits that there is no eye witness to the occurrence. In fact, since the petitioner is brother of co-accused, Raja Ram Tanti, his name has surfaced in the present case. The petitioner has clear antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.04.2023.

6. Learned Additional Public Prosecutor for the State has vehemently opposed the bail petition of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil P.S. Case No. 194 of 2023, with the condition that the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond

Patna High Court CR. MISC. No.50532 of 2023(2) dt.16-08-2023 3/3 of the petitioner is liable to be cancelled.

8. The application stands allowed.

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