Upendra Kr. Tanti @ Upendra Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47325 of 2019 Arising Out of PS. Case No.-134 Year-2019 Thana- BELHAR District- Banka ====================================================== Upendra Kr. Tanti @ Upendra Tanti, Son of Late Indu Tanti, Resident of Village-Kadwara, Police Station-Belhar, District-Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2019 This is an application for grant of anticipatory bail in connection with Belhar P.S. Case No. 134 of 2019, disclosing offences under Sections 341, 323 and 504 of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act. Allegation as per F.I.R. is that while the informant was taking out Toddy, petitioner started abusing him, on which, informant called his father. It is also alleged that when he reached near Kadwara Turn, petitioner again came there and abused and assault him and took out a country made pistol and pointed the same on the ear of the informant, which was snatched by the informant and produced before the police. Submission of the learned counsel for the petitioner is that it is not a case that police seized the country made pistol, rather the pistol has produced by the informant in this case and

Patna High Court CR. MISC. No.47325 of 2019(2) dt.30-07-2019 2/2 there is no allegation of firing, though he is an accused in one more case, in which he is on bail.

Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial-III, Banka, in connection with Belhar P.S. Case No. 134 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T