Patna High Court
Suresh TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The Court granted bail to the petitioner.
Summary
Suresh Tanti was arrested in connection with a case under Sections 25(1‑B)a and 26 of the Arms Act after a country‑made pistol was recovered from a mattress in a house he shared with family members. The petitioner contended that the weapon was not in his conscious possession and that he had clean antecedents, having been in custody since 18‑10‑2025. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, noting the joint nature of the residence and the petitioner’s lack of prior record, and ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount. The bail application was therefore allowed.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 25(1‑B)a and 26 of the Arms Act where the weapon was recovered from a joint household.
- Whether the recovery of the pistol from a shared residence implicates the petitioner’s conscious possession.
- Whether the petitioner’s clean antecedents justify the grant of bail.
Legislation cited
- Arms Act — s. 25(1‑B)a, 26
Subjects
- bail
- Arms Act
- illegal firearm
- possession
- joint house
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14670 of 2026
Arising Out of PS. Case No.-453 Year-2025 Thana- KHAIRA District- Jamui
======================================================
Suresh Tanti, aged about 43 years, Male, son of Late Kaleshwar Tanti, R/O
Village- Chihutiya, P.S.- Khaira, District- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Khaira
PS Case No.453 of 2025 dated 17.10.2025, instituted for the
offence punishable under Sections 25(1-B)a, 26 of the Arms
Act.
3. The allegation is of recovery of one countrymade
pistol from the possession of the petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner. The house of the petitioner was searched and a
countrymade pistol was recovered which was hidden in the
mattress of the bed in a room but then the said house is a joint
house and other family members are also living in the house.
Patna High Court CR. MISC. No.14670 of 2026(2) dt.12-03-2026
2/2
Lastly, it is submitted that the petitioner is in custody since
18.10.2025 having clean antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the CJM, Jamui, in Khaira PS Case
No.453 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
J. Alam/-
U T
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