Shambhu Tanti And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18156 of 2018 Arising Out of PS. Case No.-251 Year-2017 Thana- BAKHRI District- Begusarai ======================================================
1. Shambhu Tanti Son of Ram Khelavan Tanti
2. Lalo Tanti @ Talo Tanti Son of Munshi Tanti
3. Praveen Tanti Son of Late Ram Tanti
4. Rajan Tanti @ Ranjan Tanti Son of Shiv Tanti
5. Manoj Kumar @ Manoj Tanti Son of Mahaveer Tanti
6. Mahabir Tanti Son of Lebtar Tanti
7. Ablu Tanti Son of Jago Tanti All residents of Village - Sakhu, P.S. Bakhari (Parihara), District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Bakhari P.S. case no. 251 of 2017 instituted for the offence under Section(s) 147, 148, 149,341, 337, 338, 504, 506 and 353 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that petitioner no.6, namely, Mahabir Tanti has already been arrested. Accordingly, the application with respect to petitioner no.6 stands dismissed as withdrawn.
In the written report, it is alleged that when the informant
Patna High Court Cr.Misc. No.18156 of 2018(4) dt.11-05-2018 2/3 went in the village on getting informant that illegal mahua wine was being prepared then co-villagers started creating obstacles with the police personnel for conducting search and petitioner along with other co-accused as named in the FIR indulged in brick batting and created hindrance in performing the official work by the police officer and they also manhandled and kept them as hostage.
In this manner, there is general and omnibus allegation against these petitioners.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bakhari P. S. case no. 251 of 2017,petitioner nos.1to5 & 7 shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-Vth Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,(2)petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without
Patna High Court Cr.Misc. No.18156 of 2018(4) dt.11-05-2018 3/3 proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T