Tonikant BhartiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30263 of 2026
                 Arising Out of PS. Case No.-432 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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                 Tonikant Bharti S/o Late Ram Vilash Singh, Resident of Village - Khanua, P.S
                 - Vidyapati Nagar, District - Samastipur.
                                                                               ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
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                 Appearance :
                 For the Petitioner        :     Mr. Raja Ram Mishra, Advocate
                 For the State             :     Mr. Shahabuddin Azeem @ S. Azeem, APP
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                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Dalsingsarai P.S. Case No. 432 of 2025, dated

                   04.11.2025, registered for the offences punishable under

                   Sections 310(4), 310(5) and 310(6) of the B.N.S., 2023 and

                   Sections 25(1-B)(a), 35, 27 and 26 of the Arms Act.

                                      3. As per the prosecution case, information was

                   received about the assembly of criminals who intended to

                   commit some big crime. A raid was conducted and from the

                   identified place, petitioner and other four co-accused persons

                   were apprehended from a car, meanwhile some miscreants fled

                   away on two motorcycles opening fire in air. On search of this

                   petitioner, recovery of two mobile phones were made and from

                   search of other co-accused persons, recovery of fire-arms and
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          ammunition were made, apart from mobile phones.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is innocent and he has falsely

          been implicated in the present case. Petitioner was not involved

          in preparation of any criminal act. The Police recovered two

          mobile phones from the petitioner which were purchased by his

          younger brother and true copy of the purchase receipt has been

          annexed in the petition as Annexure-P/2. No incriminating

          article, fire-arms or ammunition have been recovered from the

          conscious possession of the petitioner and no case is made out

          under Arms Act against the petitioner. Learned counsel further

          submits that petitioner has been made accused in the present

          case merely on the basis of his previous criminal history as he

          has nine criminal antecedent. Learned counsel lastly submits

          that petitioner is in custody since 05.11.2025 and chargesheet

          has been submitted.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner and

          submits that petitioner appears to be habitual offender and he

          has long criminal history.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the
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                    submission of chargesheet against the petitioner, his period of

                    custody and also considering the fact that nothing has been

                    recovered from his conscious possession, the petitioner, above-

                    named, is directed to be released on bail, on furnishing bail

                    bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two

                    sureties of the like amount each to the satisfaction of learned

                    Judicial Magistrate-I, Dalsingsarai, Samastipur / concerned

                    Court, in connection with Dalsingsarai P.S. Case No. 432 of

                    2025, subject to the condition laid down under Section 480(3) of

                    the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-

U     T