Kapuri Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44428 of 2021 Arising Out of PS. Case No.-45 Year-2021 Thana- SABAUR District- Bhagalpur ====================================================== KAPURI TANTI Son of Late Sahdeo Tanti Resident of Village - Nadiyama, P.S.-Goradih, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-01-2022 Heard the parties through video conferencing. The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1)(1-AA), 25(1)(1-b)(c), 26, 28 and 35 of the Arms Act. As per the prosecution case, on a raid being conducted arms and ammunition were recovered from the house of the petitioner. It is thereafter stated that on the statement of the petitioner a raid was conducted on the house of co-accused Wakil Sharma and arms and ammunition as detailed in the seizure list were recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered on his statement. Referring to the order of the learned Court below it is submitted

Patna High Court CR. MISC. No.44428 of 2021(2) dt.24-01-2022 2/2 that from page no. 4 of the said order it would transpire that for further recovery of arms and ammunition from the house of the petitioner, Sabour (Goradih) P.S. Case no. 44 of 2021 was registered against the petitioner. The petitioner is in custody since 5.2.2021 in the instant case and charge sheet has been submitted.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Sabour (Goradih) P.S. Case no. 45 of 2021 on 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, Bhagalpur.

(Partha Sarthy, J) Prakash/- U