Indradev Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40736 of 2018 Arising Out of PS.Case No. -45 Year- 2018 Thana -Dharhara District- Munger ====================================================== Indradev Tanti, Son of Aadi Tanti, resident of Village Dharhara, Utari Tola, P.S. Dharhara, District- Munger.

... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Vindhya Keshari Kumar, Sr.Advocate Mr. Ravi Shankar Pathak, Advocate For the Opposite Party : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Dharhara P.S.Case No. 45 of 2018 registered for offences punishable under Sections 302/120(B)/34 of the Indian Penal Code.

As per FIR, allegation against the petitioner along with other co-accused persons is that the dead body of Baijnath Tanti was found dead in a room of the petitioner and they have been made accused on the basis of suspicion.

Submission of the learned counsel for the petitioner is that the informant and the deceased has illicit relationship and except suspicion there is absolutely nothing against the petitioner and he is in custody since 07.03.2018. It is further submitted that the wife of the deceased had already filed a Complaint Case No. 233C of 2018 against the informant and other accused person has

Patna High Court Cr.Misc. No.40736 of 2018 (3) dt.24-09-2018 2/2 been granted bail by a co-ordinate Bench of this Court vide order dated 20.07.2018 passed in Cr. Misc. No. 43893 of 2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Munger in connection with Dharhara P.S.Case No. 45 of 2018 subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T