Krishna Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75032 of 2024 Arising Out of PS. Case No.-72 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Krishna Tanti S/o- Jawahar Tanti R/o - Diskushumbha, P.S - Korma, District - Sheikhpura at Present Resident Ghosi Kurd, P.S - Kiul. District - Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-08-2025 Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner is in judicial custody in connection with S. Tr. No. 273 of 2022 arising out of Kiul P.S. Case No. 72 of 2022 for the offence punishable under Sections 302/34 of the Indian Penal Code lodged on 05.05.2022 by the informant, Gorelal Tanti.
3. Earlier, the bail application of the petitioner was rejected in Cr. Misc. No. 34915 of 2023 on 28.08.2023 and this is the second attempt.
4. Learned counsel for the petitioner submits that he has already remained in custody since 09.05.2022 (para-11 of the petition), it is a case of circumstantial evidence, he has no
Patna High Court CR. MISC. No.75032 of 2024(5) dt.01-08-2025 2/3 criminal antecedent and shall be diligently appearing in trial.
5. In this case, a report was called for regarding the stage of the trial which has come vide dated 19.07.2025, according to which, the trial is still on, though, it has been recorded that it will be disposed of in a month.
6. Learned counsel for the petitioner submits that if he fails to appear in trial, the bail can be cancelled, he has four small children and as the lady-wife is no more, there is no one to look after them.
7. Taking into account the aforesaid facts as also his period of custody, he has no criminal antecedent, an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Additional District & Sessions Judge-VII, Lakhisarai, in connection with S. Tr. No. 273 of 2022 arising out of Kiul P.S. Case No. 72 of 2022 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.75032 of 2024(5) dt.01-08-2025 3/3 document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T