Patna High Court
Chhotu Tanti @ Chhotu SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that, given the general and omnibus nature of the allegations and the absence of specific evidence, anticipatory bail may be granted to petitioners 2‑5.
Summary
The petitioners, five members of the Tanti family, applied for anticipatory bail in connection with a criminal case (PS No. 227 of 2024) that alleged offences under several sections of the Indian Penal Code, including murder, assault, robbery and criminal intimidation. The prosecution alleged that the accused entered the informant's house armed, assaulted the informant's husband and fled with cash and ornaments. The petitioners contended that they were falsely implicated, that the FIR narrative was inaccurate, and that the allegations against them were vague and omnibus. One petitioner, Chhotu Tanti, withdrew his application, which the court dismissed as withdrawn. After hearing both sides, the court noted the general nature of the accusations and the lack of specific evidence linking petitioners 2‑5 to the offences, and therefore ordered that they be released on anticipatory bail upon furnishing a bail bond and sureties. The order directs that the bail be granted if they are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to petitioners 2, 3, 4 and 5 in view of the allegations under IPC sections 307, 341, 323, 325, 447, 354A, 379, 504, 506 and 34.
- Whether the allegations against the petitioners are specific enough to deny anticipatory bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 325, 34, 341, 354A, 379, 447, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- false implication
- general allegations
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4466 of 2026
Arising Out of PS. Case No.-227 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
1. Chhotu Tanti @ Chhotu Sharma S/o Late Fuleshwar Tanti R/o Village -
Tilathi, P.S - Bakhtiarpur (Kanariya O.P), District - Saharsa
2. Sushil Tanti S/o Late Fuleshwar Tanti R/o Village - Tilathi, P.S - Bakhtiarpur
(Kanariya O.P), District - Saharsa
3. Bhaiji Tanti @ Bhaiju Ramar S/o Late Fuleshwar Tanti R/o Village - Tilathi,
P.S - Bakhtiarpur (Kanariya O.P), District - Saharsa
4. Deepak Kumar @ Deepak Tanti S/o Sushil Tanti R/o Village - Tilathi, P.S -
Bakhtiarpur (Kanariya O.P), District - Saharsa
5. Ashish Kumar @ Atish Kumar S/o Sushil Tanti R/o Village - Tilathi, P.S -
Bakhtiarpur (Kanariya O.P), District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Simri Bakhtiarpur P.S. Case no. 227 of 2024 registered
under sections 307, 341, 323, 325, 447, 354A, 379, 504, 506
and 34 of the Indian Penal Code.
3. At the outset, it is submitted by learned counsel for
the petitioners that the petitioner no.1 Chhotu Tanti @ Chhotu
Sharma having been arrested during pendency of the instant
Patna High Court CR. MISC. No.4466 of 2026(5) dt.29-04-2026
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application, he seeks permission to withdraw the application so
far as petitioner no.1 is concerned.
4. In view of the above, the application so far as
petitioner no.1 Chhotu Tanti @ Chhotu Sharma is concerned
stands dismissed as withdrawn.
5. As per the prosecution case, the 13 named
accused persons including the four petitioners herein entered
the house of the informant variously armed with iron rod,
lathi, bhala, farsa etc. On the orders of Bhaiji Tanti, it is stated
that all the accused persons started to assault the informant’s
husband. Bhaiji Tanti assaulted the husband of the informant as
a result of which he sustained injuries. Others also assaulted. It
is finally stated that Ashish Kumar and Deepak Tanti fled away
with Rs. 50,000/- cash and ornaments worth Rs. 15,000/-.
6. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. The manner
of occurrence is other than what has been narrated in the FIR.
So far as the injury attributed to Bhaiji Tanti is concerned, the
same are on non-vital part of the body. The allegations against
the petitioners are general and omnibus in nature. The
petitioners undertake to cooperate in the investigation/trial.
7. The application for anticipatory bail is opposed by
Patna High Court CR. MISC. No.4466 of 2026(5) dt.29-04-2026
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learned A.P.P. for the State.
8. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner
nos. 2 to 5 in the F.I.R, the material that has transpired in course
of investigation and the allegations being general and omnibus
in nature, it is directed that the petitioner nos.2, 3, 4 and 5 above
named, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Simri Bakhtiarpur P.S.
Case no. 227 of 2024 on each of them furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, Saharsa.
(Partha Sarthy, J)
Shiv/-
U T
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