Bhuskari Tanti @ Bhiskari Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65233 of 2019 Arising Out of PS. Case No.-241 Year-2019 Thana- JAGDISHPUR District- Bhagalpur ====================================================== 1.
Bhuskari Tanti @ Bhiskari Tanti, age 31 years, Male, Son of Jagdish Tanti Resident of Village - Jagdishpur, Navtolia, P.S.- Jagdishpur, District - Bhagalpur.
2.
Mithun Tanti, Age 23 years, Male, Son of Jagdish Tanti, Resident of Village - Jagdishpur, Navtolia, P.S.- Jagdishpur, District - Bhagalpur. 3.
Bablu Tanti, Age 45 years, Male, Son of Jagdish Tanti, Resident of Village - Jagdishpur, Navtolia, P.S.- Jagdishpur, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 After some arguments learned counsel appearing for the petitioners seeks permission to withdraw this application against the petitioner no. 2 i.e. Mithun Tanti with liberty to prefer a regular bail application.
The permission is granted.
This application is dismissed as withdrawn against the petitioner no. 2 i.e. Mithun Tanti son of Jagdish Tanti. In so far as the petitioners no. 1 and 3 are concerned, the allegation against the petitioners is that the petitioners along with other accused persons assaulted the brother of the informant and the informant both.
Learned counsel appearing for the petitioners submits that both the parties are neighbours and there is land dispute
Patna High Court CR. MISC. No.65233 of 2019(2) dt.04-11-2019 2/2 14 between them. Learned counsel further submits that allegation of assault is against Mithun Tanti and there is no specific allegation of assault against the petitioners no. 1 and 3. Learned counsel further submits that a counter case has also been lodged by the side of the petitioner having Jagdishpur P.S. Case No. 242 of 2019. Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are neighbours and there is case and counter case between them and there is no specific allegation against the petitioners no. 1 and 3, I am inclined to grant anticipatory bail to both the petitioners. Accordingly, the petitioners no.
1 and 3, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Jagdishpur P.S. Case No. 241 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anil Kumar Sinha, J) Anjula/- U