Arbind Tanti @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68311 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== Arbind Tanti @ Arvind Kumar S/O Adhik Tanti R/O Navakadih, P.O. Gaura, P.S.- Laxmipur, Distt- Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madan Mohan, Advocate For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Laxmipur P.S. Case No.357 of 2021 registered for the offences punishable under Sections 341, 323, 354-B, 379 and 504/34 of the Indian Penal Code.
The allegation against the petitioner is to assault informant and others alongwith other co-accused persons by means of lathi and rod causing bodily injuries and also to take away cash of Rs.5,000/- (Rupees Five Thousand) and ornaments made up of silver from the house of informant. The allegation of
Patna High Court CR. MISC. No.68311 of 2022(2) dt.26-04-2023 2/3 outraging the modesty of informant is also available as per narration of the F.I.R.
Learned counsel appearing on behalf of the petitioner submitted that petitioner is agnate of the informant and dispute arises out of neighbourhood differences. It is submitted that as per the narration of F.I.R. allegation as regard to assault is appearing very much general and omnibus and same is not available specifically against this petitioner. It is pointed out that rest of co-accused having similar allegation as regard to assault have already been granted anticipatory bail by the court below itself. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as allegation regarding assault is not appearing specific against this petitioner, the above named petitioner, in the event of his arrest or surrender to the court below within a period of four weeks, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate-1st, Jamui/concerned Court below where the
Patna High Court CR. MISC. No.68311 of 2022(2) dt.26-04-2023 3/3 case is pending in connection with Laxmipur P.S. Case No.357 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T