Patna High Court
Pardesi Tanti @ Jay Prakash Tanti @ Jai Prakash TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner after framing of charges, subject to a bail bond and sureties.
Summary
Petitioner Pardesi Tanti was arrested in connection with offences under the Arms Act (Sections 25(1‑B)(a), 26, 35 and 25(9)) and the Information Technology Act (Section 66(C)) and has been in custody since 17‑08‑2025. He applied for regular bail, contending that co‑accused persons facing similar charges had been granted bail, that his three criminal antecedents should not preclude bail, and that the firearms alleged to have been recovered were seized before police witnesses, making further prosecution unlikely. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s antecedents. The Court noted that the investigation was complete, the main prosecution witnesses were police officials who had already witnessed the seizure, and the petitioner had already served a considerable period in custody. Accordingly, the Court ordered his release on bail after framing of charges, subject to a bail bond of Rs. 20,000 with two sureties of equal amount.
Issues considered
- What is the appropriate discretion of the Court in granting bail to a person accused of offences under the Arms Act and the IT Act, considering the nature of the offences, the petitioner’s criminal antecedents, and the completion of investigation?
- Does the fact that the main prosecution witnesses are police officials who witnessed the seizure of the alleged firearms affect the grant of bail?
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)(a), 25(9), 26, 35
- Information Technology Act, 2000 — s. 66(C)
Subjects
- bail
- Arms Act
- IT Act
- criminal procedure
- police witnesses
- antecedents
- investigation completed
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89047 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- GORADIH District- Bhagalpur
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Pardesi Tanti @ Jay Prakash Tanti @ Jai Prakash Tanti S/O Santlal Tanti @
Taini Tanti, Resident Of Village- Birnaudh, P.S- Goradih, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Advocate
For the State : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Goradih P.S. Case No. 215 of 2025 registered for the offences
25(1-3)(9) punishable under Sections 25(1-B)(a), 26, 35 and
25(9) of the Arms Act and Section 66 (C) of the I.T. Act.
3. The main submissions advanced by petitioner's
counsel are that three co-accused persons facing almost similar
nature of allegation have been granted bail by the trial court
itself, petitioner's bail prayer was earlier rejected mainly on
account of his three criminal antecedents but he is on bail in all
the said cases, petitioner has been languishing in jail since
17.08.2025 and the recovery of the alleged firearms from the
possession of this petitioner is said to have been made before
the police personnel who are the witnesses of the seizure so the
Patna High Court CR. MISC. No.89047 of 2025(2) dt.12-01-2026
2/2
release of the petitioner will not affect the prosecution in any
manner at this stage, as against the petitioner investigation has
already been completed.
4. Learned APP for the State has opposed the prayer
for bail of the petitioner.
5. Considering the above submissions, the averments
made in this application particularly taking into account
petitioner's custody period and the fact that the main prosecution
witnesses who are to be examined in the trial of the petitioner,
are police officials before whom the alleged recovery of
firearms is said to have been made, coupled with the completion
of investigation against this petitioner, this Court is inclined to
release him on bail. Accordingly, let the petitioner named-
above be released on bail after framing of the charges
against him on furnishing bail bond of Rs. 20,000/-(Rupees
Twenty Thousand) with two sureties of the like amount each to
the satisfaction of the concerned Court in connection with
Goradih P.S. Case No. 215 of 2025.
(Shailendra Singh, J)
maynaz/-
U T
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