Gorelal Tanti v. The State of Bihar Bihar
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Outcome
Partly allowed
Accordingly, this application is partly allowed
Provisions considered
- Indian Penal Code, 1860 ss. 307, 323, 341, 379, 504, 506
- Code of Criminal Procedure, 1973 s. 438(2)
Key paragraphs
- Para 88. Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Udbhav Mr. Choubey Jawahar 2 03-10-2024 Heard the parties.
The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 307, 504, 506 of the Indian Penal Code.
The allegation against the petitioners is that the petitioners assaulted the informant’s side by means of several weapons due to which they sustained injuries.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Patna High Court CR. MISC. No.65808 of 2024(2) dt.03-10-2024 They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties. There is an admitted land dispute between the parties. Petitioners have no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail and submits that there is specific allegation against the petitioner no.3 and co-accused Labh Kumar Tanti to assault the informant due to which he sustained grievous injuries.
Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner no.3 on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
However, as there is no specific allegation of assault attributed towards the petitioner nos.1, 2 and 4 and, let the above named petitioner nos.1, 2 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.65808 of 2024(2) dt.03-10-2024 the learned court below where the case is pending/Successor Court in connection with Halasi P.S. Case No.188 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Operative part
Accordingly, this application is partly allowed. (Anjani Kumar Sharan, J) shikha/- U T
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this application is partly allowed
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 307, 323, 341, 379, 504, 506; Code of Criminal Procedure, 1973 — s. 438(2).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.