Aayush Tati @ Aayush Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4062 of 2025 Arising Out of PS. Case No.-85 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== 1.

Aayush Tati @ Aayush Tanti S/o- Late Badal Tanti Village + P.S. & DistGola Ghat, Assam 2.

Deepu Kumar S/o- Late Krishna Ray Village- Nawada P.S.- Phulwari Sharif Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kahkashan Alam, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with S.Tr. No. 252 of 2024, arising out of Samastipur Town P.S. Case No. 85 of 2023 for the offences registered under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of Arms Act.

3. It is alleged in the prosecution case that during course of raid near Durgasthan at Samastipur bus stand three persons including petitioners were apprehended. It is alleged that a pistol, a live cartridge and cash of Rs. 30,000/- have been recovered from possession of Petitioner No. 1 and a country made pistol, three live cartridges, one mobile phone and cash of Rs. 20,000/- have been recovered from possession of Petitioner No. 2.

Patna High Court CR. MISC. No.4062 of 2025(2) dt.19-03-2025 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Petitioners are not familiar to each other. Petitioner No. 1 is inhabitant of Aasam and Petitioner No. 2 is inhabitant of Phulwari Sharif. Charge-sheet has already been submitted in this. Petitioner No. 1 has two criminal antecedents and Petitioner No. 2 has three criminal antecedents. Petitioners are in judicial custody since 07.04.2023. Similarly situated co-accused, namely, Md Ekramul has already been granted bail by this Court vide order dated 16.01.2024 passed in Cr. Misc. No. 86230 of 2023.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Session Judge I, Samastipur in connection with S.Tr. No. 252 of 2024, arising out of Samastipur Town P.S. Case No. 85 of 2023.

(Sunil Dutta Mishra, J) rakhi/- U T