Vakil Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73303 of 2023 Arising Out of PS. Case No.-671 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Vakil Tanti Son Of Bulen Tanti @ Vulen Tanti Resident Of Village- Purvi Hardashchak, Ps- Muffasil District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 307 and 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of killing the husband of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is no any motive or intention to kill the informant's husband. There is general and omnibus allegation against the petitioner and no specific overt against him. Petitioner is languishing in judicial custody since 20.01.2023.

Patna High Court CR. MISC. No.73303 of 2023(3) dt.23-01-2024 2/2

5. Learned APP for the State has opposed the application for bail and submitted that petitioner is named in the FIR. During investigation, the complicity of this petitioner has come into light and some independent witnesses have stated that this petitioner assaulted the deceased by means of iron rod, which has come in vide paras- 8 and 9 of the case diary. He further submitted that at the instance of this petitioner one bicycle has been recovered from his courtyard, which belongs to the deceased. As per postmortem report, it appears that the cause of death is haemorrhage due to assault, which corroborates the prosecution case. During investigation several witnesses have also supported the prosecution case.

6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

7. The trial Court is directed to conclude the trial expeditiously.

(Sunil Kumar Panwar, J) Arish/- U T