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Patna High Court

Pardesi Tanti @ Jay Prakash Tanti @ Jai Prakash TantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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