Sibal Tanti @ Shiwam Tanti @ Shivam Kumar ... vs The State Of Bihar on 27 February, 2018

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Patna High Court - Orders

Sibal Tanti @ Shiwam Tanti @ Shivam Kumar ... vs The State Of Bihar on 27 February, 2018

Bench: Vikash Jain

      Patna High Court Cr.M isc. No.11919 of 2018 (2) dt.27-02-2018




                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.11919 of 2018
                         Arising Out of PS.Case No. -606 Year- 2017 Thana -BHAGALPUR KOTWALI District-
                                                            BHAGALPUR
                   ======================================================
                   Sibal Tanti @ Shiwam Tanti @ Shivam Kumar Tanti, son of Pramod
                   Tanti, resident of Jaleem Koyree Lane, Bari Khanjarpur, Police Station-
                   Barari, District- Bhagalpur.
                                                                          .... .... Petitioner
                                                   Versus
                   The State of Bihar
                                                                    .... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner        : Mr. Praveen Kumar, Advocate.
                   For the Opposite Party : APP
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                   ORAL ORDER

2   27-02-2018

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 07.12.2017 in connection with Kotwali (Barari) P.S. Case No. 606 of 2017 for the offences alleged under Sections 452, 341, 323, 342, 385, 379, 307, 354(B), 504, 506, 147, 148, 149 of the Indian Penal Code and under Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and the accusation of assault against as many as 11 persons is highly improbable considering that there is no injury report. The accusation of assault in any event is general and omnibus in nature and the firing has not attributed to the petitioner who is named in the F.I.R. The accusation of having taken away gold and silver ornaments is alleged against co-accused Suraj Tanti and not against this petitioner who claims clean antecedents except one case of different nature.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.M isc. No.11919 of 2018 (2) dt.27-02-2018

(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Barari) P.S. Case No. 606 of 2017, on the following conditions:-

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T

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Patna High Court - Orders