Patna High Court
Rudal TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner subject to a bail bond and sureties, with a condition for cancellation if a criminal antecedent is later discovered.
Summary
Rudal Tanti was arrested in connection with a case under sections 25(1‑B)a and 26 of the Arms Act, 1959 after a pistol and live cartridges were recovered from his house. He contended that no incriminating article was found in his personal possession, that he was falsely implicated, and that he had no prior criminal record. Having been in custody since 17 August 2025, a chargesheet had already been filed. The court considered the seriousness of the arms offence, the length of his pre‑trial detention, and his clean antecedent. It ordered that he be released on regular bail upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the condition that bail could be cancelled if any criminal antecedent later emerges.
Issues considered
- Whether the petitioner is entitled to regular bail under the Arms Act after the chargesheet has been filed and seven months of pre‑trial detention.
- Whether the absence of personal possession of the weapon and lack of prior criminal record justify granting bail.
- Whether bail may be conditioned on the future discovery of a criminal antecedent.
Legislation cited
- Arms Act, 1959 — s. 25(1-B)a, 26
Subjects
- bail
- Arms Act
- regular bail
- criminal antecedent
- chargesheet
- possession of weapon
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89296 of 2025
Arising Out of PS. Case No.-209 Year-2025 Thana- HALSI District- Lakhisarai
======================================================
Rudal Tanti S/O Late Bharat Tanti Resident of Village - Lalpur, P.S-. Halsi,
District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Halsi P.S. Case no. 209
of 2025 registered under sections 25(1-B)a and 26 of the Arms
Act, 1959.
3. As per the prosecution case, three country made
pistol and four live cartridges was recovered from the house of
the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from his possession or his
house. He has been falsely implicated in the case. He is in custody
since 17.8.2025 and chargesheet has been submitted in the case. He
has no criminal antecedent.
Patna High Court CR. MISC. No.89296 of 2025(4) dt.19-03-2026
2/2
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR, the petitioner being in custody for seven months since
17.8.2025, chargesheet having been submitted in the case and
specially the petitioner not having any criminal antecedent, the
Court directs the petitioner to be enlarged on bail in connection with
Halsi P.S. Case no. 209 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial Magistrate 1st
Class, Lakhisarai on the following condition:
(i) In case it subsequently transpires that the petitioner
has any criminal antecedent, it will be open for the prosecution
to move this Court for cancellation of bail granted to the
petitioner.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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