Patna High CourtCR. MISC./52796/2019bail granted

Wakil Tanti v. The State Of Bihar

2019-11-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52796 of 2019 Arising Out of PS. Case No.-270 Year-2018 Thana- HASANPUR District- Samastipur ====================================================== Wakil Tanti S/o Laxmi Tanti, R/o village- Dewaria, Birpur, P.S.- Hasanpur, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with S.T. No. 346/ 2019 arising out of Hasanpur P.S. Case No. 270 of 2018 for the offences punishable under Section 307 and other allied Sections of the Indian Penal Code.

The allegation is regarding the petitioner and the coaccused person namely Pradip Tanti having assaulted the son of the informant, resulting in grievous injury to him. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and there is no eye witness to the said occurrence. It is also submitted that merely suspicion has been raised against the petitioner and the petitioner is languishing in custody since

Patna High Court CR. MISC. No.52796 of 2019(3) dt.16-11-2019 2/2 03.04.2019. The petitioner is stated to be having a clean antecedent. Lastly, it is submitted that similarly situated other accused person has already been granted regular bail by a coordinate Bench of this Court vide order dated 16.07.2019 passed in Cr. Misc. No. 32135 of 2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Samastipur in connection with S.T. No. 346/ 2019 arising out of Hasanpur P.S. Case No. 270 of 2018. It is needless to state that the petitioner shall appear before the learned trial court on each and every date so fixed and in the event of his failure to appear on two consecutive occasions, the present privilege of regular bail shall stand cancelled automatically and the petitioner shall be arrested forthwith.

(Mohit Kumar Shah, J) Tiwary/- U T