← Library
Patna High CourtCR. MISC./61659/2024bail granted

Vishundev Tanti @ Bishnudev Tanti v. The State Of Bihar

2024-08-29Mr. Justice Chandra Prakash Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59168 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Rajan Kumar Son of Brije Bihari Singh @ Brije Bihari Kumar R/O Vill.- Sadanandpur, P.S.- Ballia, Dist.- Begusarai.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61659 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Vishundev Tanti @ Bishnudev Tanti S/o Late Bhola Tanti R/o VillageSadanandpur (Rasidpur), P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 62101 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- BALIYA District- Begusarai ====================================================== Saurav Kumar @ Saurabh Kumar Son of Chandrabhushan Chaudhary R/o Village- Nauranga Diyara, P.S.- Balia, District- Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 59168 of 2024) For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem (In CRIMINAL MISCELLANEOUS No. 61659 of 2024) For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem (In CRIMINAL MISCELLANEOUS No. 62101 of 2024) For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Manoj Kumar ======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-08-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Ballia P.S Case No. 153 of 2024 dated 08.05.2024 registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act.

3. As per the prosecution case, one country-made carbine, two magzines, two 9 mm cartridges, one countrymade pistol and seven live cartridges were recovered from the mango orchard where the petitioner and the co-accused persons were apprehended during the course of making preparation to commit crime.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is also submitted that one screen touch mobile was recovered from the conscious possession of the petitioners, Ranjan Kumar and Saurav Kumar and nothing has been recovered from the conscious possession of the petitioner Vishundev Tanti. Learned counsel for the petitioner

3/4 has further submitted that the petitioner, Ranjan Kumar has antecedent of one case and the petitioners, Vishundev Tanti and Saurav Kumar have no criminal antecedent as stated in para 3 of the bail petitions. The petitioners Ranjan Kumar and Vishundev Tanti is in custody since 09.05.2024 and the petitioner, Saurav Kumar is in custody since 08.05.2024. The co-accused has been granted bail by this Court vide order dated 51419 of 2024 dated 16.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai in connection with Ballia P.S. Case No. 153 of 2024, with the condition:- (i) That the petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to

4/4 be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T