Sukho Tanti @ Sukhdeo Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80694 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SUKHO TANTI @ SUKHDEO TANTI S/o Late Khaltu Tanti Resident of Village- Samsa, P.S.- Naokothi, District- Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Naokothi P.S. Case No. 95/2018 registered under Sections 147, 148, 149, 341, 342, 307 of the Indian Penal Code read with Section 27 of the Arms Act, pending in the court of learned J.M. - 1st Class, Begusarai. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. There are allegation of firing against three persons including this petitioner but the injury report shows only one fire-arm injury near the shoulder of the informant and petitioner is in custody since 06.08.2019.

Learned A.P.P. for the State has opposed the prayer for

Patna High Court CR. MISC. No.80694 of 2019(2) dt.13-12-2019 2/3 bail.

Considering the facts and circumstances of the case wherein there are allegations of firing against three persons including this petitioner but the injury report shows only one fire-arm injury near the shoulder of the informant, the petitioner is in custody since 06.08.2019, the investigation is complete and the co-accused Mukendra Mahto @ Mokindra Mahto has been granted bail by learned coordinate Bench of this court in Cr. Misc. No. 73383/2018, as stated in paragraph '13' of this application, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Begusarai, in connection with Naokothi P.S. Case No. 95/2018, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly

Patna High Court CR. MISC. No.80694 of 2019(2) dt.13-12-2019 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T