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Patna High CourtCR. MISC./51746/2022allowed

Shambhu Tanti v. The State Of Bihar

2023-02-07Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51746 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Shambhu Tanti Son Of Rajkumar Tanti Resident Of Village - Bela, P.S. Laxmipur (Gidhaur), District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302,0201, 120(B)/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that on 03.05.2022 at about 8:30 P.M, the petitioner and coaccused Sanoj Tanti and some other persons took away the son of the informant. In the next morning, the

Patna High Court CR. MISC. No.51746 of 2022(3) dt.07-02-2023 2/3 beheaded dead body of his son was found near Chinberiya river.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no eye witness to the occurrence and only on the basis of suspicion, the petitioner has been roped in the present case. The petitioner is only alleged to have been seen with the victim. During investigation also, no concrete evidence has been collected against the petitioner. The petitioner is languishing in custody since 06.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui in connection with Laxmipur (Gidhaur) P.S.

Patna High Court CR. MISC. No.51746 of 2022(3) dt.07-02-2023 3/3 Case No. 129 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T