Chulhay Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7653 of 2024 Arising Out of PS. Case No.-375 Year-2023 Thana- AMARPUR District- Banka ====================================================== Chulhay Tanti Son of Maheshwar Tanti Resident of Village - Baniyachak, P.S.- Amarpur, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar , APP For the iNformant :

Mr. Sudhir Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 307, 504, 506, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 26.05.2023, this petitioner along with other co-accused persons assaulted the informant Umesh Sah by means of lathi due to which he sustained injury . In the meantime , the petitioner took out Rs. 380/- from the pocket of informant and also committed theft of ornaments of

Patna High Court CR. MISC. No.7653 of 2024(2) dt.20-02-2024 2/3 informant.

4. It is submitted that petitioner has falsely been implicated in this case due to village politics. There is general and omnibus allegation against this petitioner and no specific overt act is alleged against him. The present case is counter blast of Amarpur P S. Case No. 376 of 2023 dated 27.05.2023 lodged under sections 341 , 323 , 504 and 506 of the IPC and sections 3(i)(r)3(2)(1) of the SC/ST Act, by the petitioner against the informant and others. Petitioner claims clean antecedent.

5. Learned counsel for the State and informant vehemently opposes the bail petition of the petitioner.

6. Considering the clean antecedent of the petitioner and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Banka in connection with Amarpur P.S. case No. 375 of 2023 ,

Patna High Court CR. MISC. No.7653 of 2024(2) dt.20-02-2024 3/3 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T