Created by Fuzzy Cloud

Patna High Court

Baijnath TantiversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                           3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.