Patna High Court
Baijnath TantiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The appeal is allowed; the order rejecting anticipatory bail is set aside and bail is granted subject to conditions.
Summary
Baijnath Tanti appealed against the Munger ADJ's order rejecting his anticipatory bail in a case alleging offences under IPC sections 420, 467, 468, 323, 504, 379 and Section 3(x) of the SC/ST Act, where he was accused of accepting Rs.11 lakh and failing to execute a sale deed for a deceased informant. The appellant contended that he was falsely implicated, that no SC/ST offence was made out, and that he would execute the deed if the full agreed amount of Rs.21 lakh were paid, relying on the Supreme Court decision in Murari Lal Gupta v. Gopi Singh. The State opposed the bail. The Patna High Court, after considering the submissions, set aside the ADJ's order, allowed the appeal, and directed that the appellant be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail is warranted in a case involving alleged offences under the IPC and Section 3(x) of the SC/ST Act.
- Whether the appellant's conduct constitutes an offence under the SC/ST (Prevention of Atrocities) Act.
- Whether the appellant has been falsely implicated and thus entitled to bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 379, 420, 467, 468, 504
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(x)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- sale deed dispute
- IPC offences
- high court bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3094 of 2024
Arising Out of PS. Case No.-55 Year-2019 Thana- JAMALPUR District- Munger
======================================================
Baijnath Tanti SON OF BANGALI TANTI VILLAGE- PASHUPALAN
GALI, CHHOTI DAULATPUR, PS- JAMALPUR, DIST- MUNGER
... ... Appellant/s
Versus
1. The State of Bihar
2. kalyani Devi Wife of Late Indradev Paswan @ Indrasen Paswan Resident of
village- Chamangarh, Ps- Nayaram Nagar, Dist- Munger
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Shashi Saurabh, Advocate
For the Respondent/s : Mr.Binay Krishna, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard the parties.
2. This appeal is preferred against the order dated
17.05.2024 passed by the learned A.D.J. 1st, Munger in
connection with Jamalpur P.S. Case No. 55 of 2019 registered
for the offence under Sections 420, 467, 468, 323, 504, 379 of
the I.P.C. and Section 3(x) of S.C/S.T. Act by which
anticipatory bail filed by the appellant has been rejected.
3. As per the prosecution case, the allegation against
the petitioner is that he has accepted Rs. 11 lakhs and no
executed the sale deed in favour of the informant who has now
died.
4. Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.3094 of 2024(5) dt.13-03-2026
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appellant has falsely been implicated in this case and no offence
under the provisions of SC/ST Act is made out in this case. It is
next submitted that the appellant is still ready to execute the sale
deed if the entire amount of Rs. 21 lakhs as agreed between the
parties is given to the appellant. He has also relied upon the
judgment of the Hon’ble Supreme Court in the case of Murari
Lal Gupta vs. Gopi Singh reported in (2005) 13 SCC 699 an
submits that no offence is made out and therefore the
application of the anticipatory bail is maintainable.
5. Learned counsel for the State has opposed the
prayer of the appellant.
6. Considering the facts of the case and the rival
submissions of the parties, this appeal is allowed and
accordingly, the order dated 17.05.2024 passed by the learned
A.D.J. 1st, Munger in connection with Jamalpur P.S. Case No.
55 of 2019, is hereby set aside.
7. Let the appellant, in the event of his arrest or
surrender within four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.D.J. 1st, Munger /concerned Court below in
connection with Jamalpur P.S. Case No. 55 of 2019, subject to
Patna High Court CR. APP (SJ) No.3094 of 2024(5) dt.13-03-2026
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the conditions laid down under Section 438(2) of the Code of
Criminal Procedure/482(2) of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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