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Patna High CourtCR. MISC./789/2025bail granted

Doman Tanti v. The State Of Bihar

2025-04-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.789 of 2025 Arising Out of PS. Case No.-94 Year-2024 Thana- BANDHUWA KURAWA District- Banka ====================================================== Doman Tanti S/o Boga Tanti R/o Village- Baratar, P.S.- Bandhua Kuraba, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Umanath Mishraj, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bandhuwa Kuraba P.S. Case No. 94 of 2024 instituted for the offence under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that due to previous dispute, the accused persons, including the petitioner assaulted the informant's father by means of spade. It is alleged that when

Patna High Court CR. MISC. No.789 of 2025(3) dt.07-04-2025 2/3 the informant intervened in rescue, they assaulted him. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-10-2024. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. The petitioner is the uncle of the informant and injured is own brother of the petitioner. Learned counsel submits that this is a case of free fighting for land dispute between the parties and both sides sustained injury. It is alleged that father of the informant has sustained grievous injury. There is case and counter case between the parties. Charge sheet is submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being case and counter case between the parties and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with

Patna High Court CR. MISC. No.789 of 2025(3) dt.07-04-2025 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bandhuwa Kuraba P.S. Case No. 94 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T