Sunil Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78726 of 2018 Arising Out of PS. Case No.-406 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Sunil Tanti Son of Tugo Tanti Resident of Village-Ramdiri Mahaji Tola Police Station Matihani,Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rai Mukesh Sharma For the Opposite Party/s :

Mr.Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Town P.S. Case No. 406 of 2018 registered for the offence punishable under Sections 363, 364, 302 and 201/34 of the Indian Penal Code. Informant in his written complaint has stated that on 11.07.2018 at about 6:00 pm son of the Informant Karan Kumar aged about 10 years went outside the house for playing and thereafter became traceless and when he made enquiry and could not get any satisfactory information then he has lodged the present case. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on mere suspicion. Petitioner is not named in the FIR. It has been submitted on behalf of the petitioner that the name of the

Patna High Court Cr.Misc. No.78726 of 2018(4) dt.06-02-2019 2/2 petitioner has surfaced in this case on the basis of confessional statement of co-accused Daho Tanti. Except the confessional statement there is no incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 27.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Town P.S. Case No. 406 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U