Dinesh Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38832 of 2018 Arising Out of PS. Case No.-81 Year-2018 Thana- LAXMIPUR District- Jamui ====================================================== Dinesh Tanti Son of Late Nemdhari Tanti, resident of Village- Pidron, P.S.- Laxmipur, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Laxmipur P.S. Case No. 81 of 2018 registered for the offence punishable under Sections 147, 148, 149, 323, 302, 504 of the Indian Penal Code.

Informant is the elder brother of petitioner, who in his written complaint has stated that his father who retired as School teacher and pension was being paid to him. Petitioner alongwith other family members went to his father to get the pension amount and which resulted in altercation between them and they abused and assaulted the father when he went to pacify then they assaulted him also. It has been further

Patna High Court Cr.Misc. No.38832 of 2018(3) dt.25-08-2018 2/2 alleged that the petitioner and other families threw his father from the roof in the night as a result of which he died. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case as he is handicapped person and the deceased was his father who fell from roof in the night and died. There is one Antemortem injury in the postmortem report, however, FIR was instituted on the next day morning against all families members falsely implicated them in concocted case. It has been further submitted that petitioner has no criminal antecedent and he is in custody since 09.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- III, Jamui, in connection Laxmipur P.S. Case No. 81 of 2018.

(S. Kumar, J) veena/- U T