Ashok Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18926 of 2018 Arising Out of PS.Case No. -129 Year- 2015 Thana -BELHAR District- BANKA ====================================================== Ashok Tanti, Son of Late Chhabu Tanti, resident of Village- Bashmata, Police Station- Belhar, District- Banka.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambrish Kumar Jha For the Opposite Party/s : Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected vide order dated 23.02.2016 passed in Cr. Misc. No. 53859 of 2015, on the ground that the petitioner is in custody since 02.07.2015, during trial the informant Deno Tanti and other prosecution witnesses including Khusbu Devi, the mother of the deceased have been examined and they have turned hostile and did not support the prosecution case, vide Annexure-3 series and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. fairly submits that the informant and other witnesses including Khusbu Devi, mother of

Patna High Court Cr.Misc. No.18926 of 2018 (2) dt.11-04-2018 2/2 the deceased have retracted from their earlier version. In the facts and circumstances stated above, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Banka in connection with Sessions Trial No. 295 of 2017 arising out of Belhar P.S. Case No. 129 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T