Patna High Court
Makko Tanti @ Makko TativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Makko Tanti, was arrested in connection with a murder case (Kajraili P.S. Case No. 117/2025) alleged under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and a charge‑sheet under Section 308 of the Indian Penal Code. He claims innocence, stating that he is the father‑in‑law of the deceased and was falsely implicated. The petitioner, who has one prior criminal antecedent, has been in custody since 24‑Oct‑2025 and applied for regular bail, undertaking to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offences. The High Court, after considering the facts and circumstances, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioner is entitled to regular bail despite the gravity of the offences under the Bihar Narcotic Substances Act and IPC Section 308 and his prior criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
- Indian Penal Code — s. 308
Subjects
- bail
- regular bail
- murder
- attempt to murder
- Indian Penal Code
- Bihar Narcotic Substances Act
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17464 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- KAJRAILI District- Bhagalpur
======================================================
Makko Tanti @ Makko Tati S/O Late Birchu Tanti @ Birju Tanti R/O Vill.-
Shahpur Tamauni, P.S.- Kajraili, Dist.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pravina Kumari, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kajraili P.S. Case No. 117/2025 registered for the offences
punishable under Sections 103(1) and 3(5) of B.N.S.
3. As per the prosecution case, petitioner is alleged to
have killed the deceased.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner is
father-in-law of the deceased but the charge-sheet has been
submitted under Section 308 I.P.C. Petitioner has one criminal
antecedent and he is in custody since 24.10.2025. The petitioner
undertakes to co-operate in the case/ trial.
Patna High Court CR. MISC. No.17464 of 2026(2) dt.16-03-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class,
Bhagalpur /concerned Court below in connection with Kajraili
P.S. Case No. 117 of 2025.
(Sandeep Kumar, J)
tusharika/-
U T
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