Pawan Tanti v. The State Of Bihar

Patna High Court Cr.Misc. No.54110 of 2018 (2) dt.04-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54110 of 2018 Arising Out of PS.Case No. -111 Year- 2018 Thana -LAXMIPUR District- JAMUI ====================================================== Pawan Tanti S/o Late Prameshwar Tanti, R/o Vill.- Dholkatwa, P.S.- Gidhaur, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh, Adv. For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Laxmipur P.S. Case No. 111/2018, registered for the offences punishable under Sections 399, 402, 412 and 34 of the Indian Penal Code and sections 25(1B)a, 26 and 35 of the Arms Act. During raid, two persons including the petitioner were apprehended by the police. One loaded country made pistol and two mobiles were recovered from the possession of Pawan Tanti (petitioner) and one loaded country made pistol and one mobile was recovered from the possession of co-accused Saroj Tanti. It has been submitted that petitioner has falsely been implicated in this case. Except the confession of petitioner, there is no incriminating material against him.

Petitioner is in custody since 29.03.2018.

Patna High Court Cr.Misc. No.54110 of 2018 (2) dt.04-10-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate III, Jamui in connection with Laxmipur P.S. Case No. 111/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T