Jeetan Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69100 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== JEETAN TANTI S/o Ganesh Tanti Resident of Village - Kamruddinpur, P.S. - Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-05-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 63 of 2021 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 504, 307 and 447 of the Indian Penal Code.

The case of the prosecution, in brief, is that the accused persons including the petitioner herein, variously armed had arrived at the house of the informant whereafter they had abused the informant, which was protested by the informant. It is also alleged that the accused persons had assaulted the informant and as far as the petitioner is concerned, he is stated to have assaulted Rajendra Tanti by means of stick and butt of the pistol on his head.

Patna High Court CR. MISC. No.69100 of 2021(2) dt.06-05-2022 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 28.09.2021. The learned counsel for the petitioner has further submitted that the injury report, annexed as Annexure-4 series, would show that the injuries sustained by the said Rajendra Tanti is simple in nature and this fact has also been recorded by the learned court below in the impugned order dated 03.07.2021. It is also submitted that similarly situated coaccused person has already been granted bail by a coordinate Bench of this Court vide order dated 31.03.2022 passed in Criminal Misc. No. 50887 of 2021.

Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the injury attributable to the petitioner, inflicted upon the aforesaid Rajendra Tantil has been found to be simple in nature apart from the fact that similarly situated co-accused person has already been granted bail by a coordinate Bench of this Court and the petitioner is

Patna High Court CR. MISC. No.69100 of 2021(2) dt.06-05-2022 3/3 stated to be having a clean antecedent, I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Muffasil P.S. Case No. 63 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T