Ashok Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.14948 of 2016 (3) dt.17-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14948 of 2016 Arising Out of PS.Case No. -276 Year- 2014 Thana -AMARPUR District- BANKA ====================================================== Ashok Tanti son of Late Singeshwar Tanti, R/o village- Bhemiya, P.s.- Katoria, District- Banka............ .... Petitioner

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Amarpur (Fullidumar) P.S. Case No. 276 of 2014 registered for the offences punishable under Sections 147, 148, 149, 435, 427 of the Indian Penal Code, Section 27 of the Arms Act, Sections 3⁄4 of Explosive Substance Act and Section 17 of C.L.A. Act.

The petitioner is not named in the first information report and it is submitted that the Police after adopting 3rd degree method have recorded the confessional statement of the petitioner, besides the confessional statement there is no other legal and tangible material and the petitioner is suffering in custody since25.09.2015 and other co-accused Anil Yadav, Ranjeet Yadav, Monoj Yadav and Birendra Kumar Yadav have been allowed bail by another Bench of this Court.

Patna High Court Cr.Misc. No.14948 of 2016 (3) dt.17-05-2016 Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Banka in S. T. No. 22 of 2016 arising out of Amarpur (Fullidumar) P.S. Case No. 276 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T