Ashok Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23941 of 2015 Arising Out of PS.Case No. -198 Year- 2014 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Ashok Tanti S/o Late Parmeshwar Tanti Resident of village - Suturkhana P.S. Muffasil, District - Munger.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Choudhary For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 25(1-b)A,25 (1-A), 25(1-AA),26(1)(2) of the Indian Penal Code.

The prosecution case in, brief, is that recovery of arms have been made from the possession of accused persons. It is vividly narrated that one pistol along with one Additional Magazine and other materials have been recovered from the possession of accused, namely Ashok Tanti likewise, one pistol 7.65 mm along with one additional magazine have been recovered from the possession of accused namely Pradeep Sharma. Seizure list has also been prepared as per procedure. When police asked

Patna High Court Cr.Misc. No.23941 of 2015 (2) dt.06-07-2015 2/2 from accused persons for having such arms accused persons had been miserly failed to produce any license or valid paper for having such arms.

It has been submitted on behalf of the petitioner that from the possession of the petitioner a country made pistol and one additional magazine have been recovered, as per FIR, the same is denied by the petitioner. Further no procedure of seizure has been followed. It has been submitted that the petitioner is in custody since 17.10.2014.

On behalf of the State, it submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Munger, in Muffasil P.S.Case no. 198 of 2014, G.R. No. 2187 of 2014. (Sudhir Singh, J) singh/- U