Gorelal Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65808 of 2024 Arising Out of PS. Case No.-188 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== 1.

Gorelal Tanti S/o- Late Naurangi Tanti Resident of Sandha P.S- Halasi, DistLakhisarai 2.

Ravindra Tanti Son of Gorelal Tanti Resident of Sandha P.S- Halasi, DistLakhisarai 3.

Mahesh Kumar @ Mahesh Tanti Son of Gorelal Tanti Resident of Sandha P.S- Halasi, Dist- Lakhisarai 4.

Chandan Kumar @ Chandan Tanti Son of Late Rohan Tanti Resident of Sandha P.S- Halasi, Dist- Lakhisarai 5.

Umesh Tanti @ Umesh Kumar Tanti Son of Rohan Tanti Resident of Sandha P.S- Halasi, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Udbhav For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 307, 504, 506 of the Indian Penal Code.

3.

The allegation against the petitioners is that the petitioners assaulted the informant's side by means of several weapons due to which they sustained injuries. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.65808 of 2024(2) dt.03-10-2024 2/3 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner no.3 and co-accused Labh Kumar Tanti to assault the informant due to which he sustained grievous injuries.

6.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.3 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

However, as there is no specific allegation of assault attributed towards the petitioner nos.1, 2 and 4 and, let the above named petitioner nos.1, 2 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.65808 of 2024(2) dt.03-10-2024 3/3 the learned court below where the case is pending/Successor Court in connection with Halasi P.S. Case No.188 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8.

Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T