Petitioner sought bail in Barauni P.S. Case No. 486 of 2022 involving IPC offences. Court allowed bail directing furnishing of bonds with sureties under standard conditions.
Petitioner enlarged on bail by furnishing bonds of Rs. 10,000/- with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38724 of 2023
Arising Out of PS. Case No.-486 Year-2022 Thana- BARAUNI District- Begusarai
======================================================
DEEPAK TANTI Son of Late Mantun Tanti Resident of village - Mosadpur, P.s. - Barauni, Distt. - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Randhir Kumar No.1 For the Opposite Party/s : Mr. Shaheen Begum ======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER
2 07-07-2023 Heard Ld. counsel for the petitioner and Ld. APP
for the State.
The petitioner seeks bail in connection with Barauni P.S. Case No. 486 of 2022, registered for the offences punishable under Sections 341, 323, 504, 506, 307, 326 and 34 of the Indian Penal Code.
The prosecution case as emerging from the FIR is that on 24.10.2022 two accused persons came at house of the informant and they started abusing and quarreling with the informant. It is further alleged that accused Sipak Tanti throw hot rice water on the body of the alleged victim.
Ld. counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38724 of 2023(2) dt.07-07-2023 2/4
petitioner is innocent and has falsely been implicated in this case. He further submits that even as per the FIR there is no specific allegation of throwing hot rice water on the body of alleged victim against the present accused-petitioner.
He further submits that the petitioner has been languishing in jail since 26.10.2022.
It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in one other case.
It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
However, Ld. APP for the State vehemently
opposes the prayer of the petitioner for bail.
Considering the aforesaid facts and circumstances, this application is allowed , directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. concerned Trial Court in connection with Barauni P.S. Case No. 486 of
Patna High Court CR. MISC. No.38724 of 2023(2) dt.07-07-2023 3/4
2022, on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly 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.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, Ld. court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is
Patna High Court CR. MISC. No.38724 of 2023(2) dt.07-07-2023 4/4
wrong, Ld. court below shall cancel the bail bond of the petitioner.
Ld. counsel for the petitioner is directed to remove
all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J)
ashishkr/-
U T
Deepak Tanti
The State of Bihar
Jitendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
