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Patna High CourtCR. MISC./79794/2025allowed

Pappu Tanti v. The State Of Bihar

2025-12-01Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79794 of 2025 Arising Out of PS. Case No.-311 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== 1.

Pappu Tanti S/O Nago Tanti Resident of Village- Ramauniya, Ward No. 2, P.S and District- Khagaria.

2.

Indal Tanti S/O Nago Tanti Resident of Village- Ramauniya, Ward No. 2, P.S and District- Khagaria.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Amar Kumar Singh, Advocate For the Opposite Party :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-12-2025 Heard the parties.

2. The petitioners apprehend their arrest in connection with Khagaria (Gangaur) P.S. Case No. 311 of 2024, registered for the offences punishable under Sections 341, 323, 324, 448, 307, 504, 506/34 of the Indian Penal Code.

3. Allegedly, on the fateful day, while the informant with his uncle went to the house of his neighbour, in the meantime, the petitioners along with others forming an unlawful assembly variously armed came there and brutally assaulted them and threatened to withdraw the earlier case. There is specific allegation against the petitioner No.1 of causing assault by means of khanti over the head of the informant; besides the

Patna High Court CR. MISC. No.79794 of 2025(2) dt.01-12-2025 2/3 omnibus allegation against petitioner No.2.

4. Learned Advocate for the petitioners submitted that from the narratives made in the FIR, it is evident that there was a previous enmity due to which such incidence took place. However, there is a case and counter case bearing Khagaria (Gangaur) P.S. Case No. 312 of 2024 lodged by petitioner No.1. So far the injury which is allegedly sustained to the informant is concerned, the same has been found to be simple in nature as is evident from the impugned order. The petitioners undertake that they will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioners are facing one criminal antecedent; besides their active involvement in the crime.

6. Regard being had to the submissions advanced by the learned Advocates for the respective parties and considering the simple nature of injury coupled with the factum of the case and counter case and the genesis of the occurrence, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.79794 of 2025(2) dt.01-12-2025 3/3 each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Gangaur) P.S. Case No. 311 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) Pawan/- U T