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Patna High CourtCR. MISC./69081/2023allowed

Umesh Tanti v. The State Of Bihar

2023-11-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69081 of 2023 Arising Out of PS. Case No.-108 Year-2023 Thana- MATIHANI District- Begusarai ====================================================== UMESH TANTI SON OF BATORAN TANTI RESIDENT OF VILLAGE - PANNAPUR (PANAPUR), P.O. - RACHIYAHI (RAICHIAHI), P.S. - MATIHANI, DISTRICT - BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 325, 307, 354(B), 504, 506, 380, 149 of the IPC.

3.

As per the prosecution case, informant alleged that petitioner along with other co-accused persons assaulted the informant and her family member and also tried to outrage her modesty.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.69081 of 2023(2) dt.07-11-2023 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. The alleged occurrence took place due to passage dispute. The injury of the injured was found simple in nature. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Matihani P.S. Case No.108 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T