Partly allowed

Biltu Tanti v. The State of Bihar

Patna HC10 Jan 2023CR. MISC./17898/2022

Case brief

AI extract

What is this about?

The High Court of Patna addressed an anticipatory bail petition. It dismissed the petition of petitioner No. 2 as withdrawn due to arrest. It rejected anticipatory bail for petitioner No. 1 due to specific grave allegations against him. It granted bail to petitioner No. 3 subject to conditions, excluding specific serious accusations against him.

What did the court decide?

Anticipatory bail of petitioner No. 2 dismissed as withdrawn. Bail of petitioner No. 1 rejected. Bail conditions granted for petitioner No. 3 upon surrender or arrest within four weeks.

Biltu Tanti Vs The State of Bihar — Medical Negligence | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17898 of 2022

¶2

Arising Out of PS. Case No.-854 Year-2021 Thana- KAHALGAON District- Bhagalpur

¶3

======================================================

¶4

BILTU TANTI S/O LATE BASANTI TANTI R/o Village- Mathurapur, P.S.Shivnarayanpur, District- Bhagalpur

¶5

Piyush Tanti S/o Biltu Tanti R/o Village- Mathurapur, P.S.- Shivnarayanpur, District- Bhagalpur

¶6

Pritam Kumar S/o Biltu Tanti R/o Village- Mathurapur, P.S.Shivnarayanpur, District- Bhagalpur

¶7

... ... Petitioner/s

¶8

Versus

¶9

The State of Bihar

¶10

Chotu Tanti S/o Sahgu Tanti R/o Village- Mathurapur, P.S.- Shivnarayanpur, District- Bhagalpur

¶11

... ... Opposite Party/s

¶12

====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Swapnil Kumar Singh, Adv. For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶13

ORAL ORDER

¶14

4 10-01-2023

¶15

Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

¶16

Heard learned senior counsel, Mr. N.K. Agrawal for the petitioners as well as the learned APP for the State.

¶17

At the very outset, learned counsel for the petitioners has submitted that the petitioner No. 2, Piyush Tanti, has been arrested. He, therefore, seeks permission to withdraw the anticipatory bail petition in respect of petitioner No. 2.

¶18

Patna High Court CR. MISC. No.17898 of 2022(4) dt.10-01-2023 2/3

¶19

In view of the aforesaid submission, the anticipatory bail petition of petitioner No. 2 is dismissed as withdrawn.

¶20

The petitioner Nos. 1 and 3 apprehend their arrest in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 854 of 2021, registered for the offences punishable under Sections 447, 323, 379, 302, 504, 506/34 of the Indian Penal Code.

¶21

As per allegation, 10 named accused persons entered into the house of the informant, they started assaulting the father of the informant. There is specific allegation against petitioner No. 1, co-accused Mannu Tanti and petitioner No. 2 that they threw the father of the informant from roof due to which he sustained injuries and died.

¶22

Learned counsel for the petitioners has submitted that the petitioners are innocent and they have falsely been implicated in this case. He has submitted further that the informant has filed a petition mentioning therein that the deceased had died due to tuberculosis and asthma.

¶23

There is specific allegation against petitioner No. 1 that he along with other accused persons had thrown father of the informant from roof resulting into his death. As such, he is not entitled for anticipatory bail. His prayer for anticipatory bail is rejected .

¶24

Patna High Court CR. MISC. No.17898 of 2022(4) dt.10-01-2023 3/3

¶25

If the petitioner No. 1 surrenders before the court below and makes a prayer for regular bail, that shall be disposed of expeditiously.

¶26

So far as petitioner No. 3 is concerned there is no such type of allegation against him. The allegations against him are general and omnibus. Let him, in the event of his arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 854 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

¶27

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

¶28

(Nawneet Kumar Pandey, J)

¶29

SONALI/-

¶30

U T

Biltu Tanti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Biltu Tanti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Salam Vs the State of Bihar

Amit Kumar Vs The State of Bihar

Umesh Kumar Vs The State of Bihar

Brijmohan Mishra Vs the State of Bihar

Sinoj Singh @ Sinoj Kumar Singh Vs the State of Bihar

Suresh Rai Vs State of Bihar