Fantus Tanti @ Fantush Tanti @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59131 of 2023 Arising Out of PS. Case No.-377 Year-2023 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Fantus Tanti @ Fantush Tanti @ Abhishek Kumar S/O Late Mahesh Tanti R/O Moh Bhagat Mishra Lane Surkhikal Ps Barari Dist Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ankit Raj, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kotwali (Barari) P.S. Case No. 377 of 2023 lodged under Sections 25(1-b) a/26/35 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against the present petitioner and one another that one revolver, 3 live cartridges, one desi katta and mobile have been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that both the accused including the petitioner have been apprehended at the place when police raid.

Patna High Court CR. MISC. No.59131 of 2023(3) dt.08-11-2023 2/2

5. Counsel further submits the police has named the petitioner in this case only due to the reason that antecedent of the petitioner is not clean. There are 7 criminal cases pending against the petitioner. Counsel submits that petitioner is in custody since 23.04.2023 and charge sheet has already been filed in this case.

6. Learned counsel for the State opposes the prayer for bail and submits that the recovery of 2 arms and pistols has been made from the possession of the petitioner. Counsel also submits that as per the allegation of F.I.R., he has tried to make gun shot upon the police and his criminal antecedent is also not clean.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

8. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail 2 months after framing of charge.

(Dr. Anshuman, J.) Prakashmani/- U T