Fantush Tanti @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71286 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Fantush Tanti @ Abhishek Kumar S/O Late Mahesh Tanti R/O Bhagat Lal Mishra Lane, Surkhikal, P.S- Barari, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-01-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 112 of 2023, lodged on 04.03.2023, under Sections 457 and 380 of the Indian Penal Code.
3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 07.02.2024 passed in Cr. Misc. No. 5418 of 2024 and at the time of rejection of the bail application liberty was granted to the petitioner to renew his prayer for bail six months after the framing of charge. Counsel further submits that charge was framed in this case on 21.03.2024 and more than six months have been lapsed but till date no progress takes place in the trial. Counsel further submits that though there are in total
Patna High Court CR. MISC. No.71286 of 2024(3) dt.17-01-2025 2/3 eight criminal cases pending against the petitioner but he is on bail in all the cases. Counsel further submits that it is true that the pistol, subject to theft, alleged to be recovered from the petitioner's possession. Counsel further submits that the petitioner shall not commit any offence in future and shall not abscond in any of the cases pending against him. Counsel also submits that the petitioner is in custody since 11.08.2023 and he is ready to appear in the trial on each and every date.
4. Learned Counsel for the State opposes the prayer for bail and submits that criminal antecedent of the petitioner is not clean, there are in total eight criminal cases pending against him. Counsel further submits that there is a strong likelihood that the petitioner may abscond and evade the trial if granted bail.
5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Judicial
Patna High Court CR. MISC. No.71286 of 2024(3) dt.17-01-2025 3/3 Magistrate 1st Class, Bhagalpur, in connection with Jagdishpur P.S. Case No. 112 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. as well as with the condition that the petitioner shall appear every month and submits his attendance before the Kotwali (Barari) Police Station.
6. Pending cases against the petitioner are as follows :- (i) Kotwali (Barari) P.S. Case No. 672 of 2003 (ii) Kotwali (Barari) P.S. Case No. 259 of 2006 (iii) Kotwali (Barari) P.S. Case No. 601 of 2019 (iv) Kotwali (Barari) P.S. Case No. 605 of 2019 (v) Kotwali (Barari) P.S. Case No. 377 of 2023 (vi) Kotwali (Barari) P.S. Case No. 102 of 2018 (vii) Mojahidupur (Babarganj) P.S. Case No. 102 of (viii) Jagdishpur P.S. Case No. 67 of 2023 (Dr. Anshuman, J.) Aman Kumar/- U T