Patna High CourtCR. MISC./1418/2024bail granted

Fantus Tanti @ Fantush Tanti @ Abhishek Kumar v. The State Of Bihar

2024-03-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1418 of 2024 Arising Out of PS. Case No.-377 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Fantus Tanti @ Fantush Tanti @ Abhishek Kumar S/o- Late Mahesh Tanti R/o Mohalla- Bhagat Lal Mishra Lane Surkhikal, P.S- Barari, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ankit Raj For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kotwali (Brari) P.S. Case No. 377 of 2023 registered on 23.04.2023 lodged under Sections 25(1-b)a/26/35 of Arms Act which was rejected vide order dated 08.11.2023 in Cr. Misc. No. 59131 of 2023 with liberty that he may renew his prayer for bail two months after framing of charge.

3. Counsel submits that charge has been framed on 04.10.2023, and thereafter, evidence of prosecution witness have been started. He further submits that petitioner is in custody since 23.04.2023 having seven criminal case pending against him, in which he is on bail.

Patna High Court CR. MISC. No.1418 of 2024(4) dt.20-03-2024 2/3

4. Learned counsel for the State opposes the prayer for bail and submits that antecedents of the petitioner is not clean.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which are mentioned below and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Brari) P.S. Case No. 377 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned

Patna High Court CR. MISC. No.1418 of 2024(4) dt.20-03-2024 3/3 police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. • Kotwali (Barari) P.S. Case No. 672 of 2003.

• Kotwali (Barari) P.S. Case No. 259 of 2006.

• Kotwali (Barari) P.S. Case No. 601 of 2019.

• Kotwali (Barari) P.S. Case No. 605 of 2019.

• Kotwali (Barari) P.S. Case No. 378 of 2023.

• Ishakchak P.S. Case No. 67 of 2023.

(Dr. Anshuman, J) Sunnykr/- U