Rajesh Tanti @ Rajli @ Raj Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63832 of 2022 Arising Out of PS. Case No.-622 Year-2021 Thana- AMARPUR District- Banka ====================================================== Rajesh Tanti @ Rajli @ Raj Kumar Tanti S/O Heera Tanti @ Hiro Tanti R/O Village- Kushamkhar, P.S- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Amarpur P.S. Case No. 622 of 2021 registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Prosecution case in short is that some miscreants persons were assembled at the house of one Paras Kumar for the purpose of committing offence. On that information, police reached at alleged spot and apprehended one Paras Kumar, whereas other four miscreants managed to flee from the spot on seeing the police personnel. On search, a

Patna High Court CR. MISC. No.63832 of 2022(2) dt.21-02-2023 2/3 country made katta loaded with one live cartridge was recovered from the possession of the said miscreant. On interrogation, he disclosed the name of the petitioner and other co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to local politics. Nothing has been recovered from the possession of the petitioner rather the ammunition has been recovered from the house of co-accused, Paras Kumar, who also disclosed the name of the petitioner. Except this there is no any material evidence against the petitioner. There is no witness to support the involvement of the petitioner in the alleged occurrence. Moreover, petitioner has surrendered on 13.07.2022 and since then he is languishing in judicial custody.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.63832 of 2022(2) dt.21-02-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Amarpur P.S. Case No. 622 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, Banka. (Sunil Kumar Panwar, J) shubham/- U T