Gautam Tanti @ Gannu Tanti @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66923 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== Gautam Tanti @ Gannu Tanti @ Gautam Kumar Son of Prakash Tanti @ Santosh Tanti Resident of Village- Mamlkha, Police Station- Sabour, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-10-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Sabour P.S. Case No. 16 of 2020 registered for the offence under Sections 341, 323, 504, 506, 307, 379 and 34 of the Indian Penal Code and, later on, Section 302 of the Indian Penal Code was added subsequently.

The accused/petitioner is named in the F.I.R. and is in custody since 20.04.2021.

The allegation against the petitioner is to commit murder of father of the informant, alongwith other co-accused

Patna High Court CR. MISC. No.66923 of 2021(4) dt.18-10-2022 2/3 persons, by causing bodily injury, while making assault with iron rod, lathi etc., due to money dispute.

Learned counsel appearing on behalf of the petitioner submitted that allegation against this petitioner is very general and omnibus, whereas specific allegation to give fatal assault, is available against co-accused, namely, Lalu Tanti. It is further submitted that similarly situated co-accused has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 32705 of 2020 dated 07.12.2020. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation of assault is general and omnibus against this petitioner, rather same is specific against co-accused, namely, Lalu Tanti coupled with the fact that chargesheet has already been submitted, where petitioner is in custody since 20.04.2021, let the petitioner, above named, is directed to be released on bail in connection with Sabour P.S. Case No. 16 of

Patna High Court CR. MISC. No.66923 of 2021(4) dt.18-10-2022 3/3 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T