Dismissed¶18

Pramod Tanti v. The State of Bihar

Patna HC21 Sept 2024CR. MISC./30451/2024

Case brief

AI extract

What is this about?

Anticipatory bail rejected; Patna High Court; Justice Anil Kumar Sinha; Pramod Tanti v. The State of Bihar; Criminal Miscellaneous No. 30451 of 2024; decided 21-09-2024; Bhagalpur; Mojahidpur (Babarganj) P.S. Case No. 367 of 2023; Sections 447, 341, 307, 504, 506, 34 IPC; Section 27 Arms Act; firing at informant; two empty cartridges seized; F.I.R. named accused; demand of Rs. 1 Lakh; counter blast of SC/ST P.S. Case No. 24 of 2023; liberty to seek regular bail after surrender.

What did the court decide?

The petitioner is an F.I.R.-named accused against whom there is a specific allegation of firing; further, perusal of the seizure list (paragraph 4 of the case diary) shows that two empty cartridges were recovered and seized in front of the informant's house. ¶17

Pramod Tanti Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶18

Issue for consideration

Whether the petitioner, who apprehends arrest in Mojahidpur (Babarganj) P.S. Case No. 367 of 2023 (Sections 447, 341, 307, 504, 506, 34 I.P.C. and Section 27 Arms Act), should be granted anticipatory bail.

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Court's answer

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Ratio / Principle

Considering the nature of the accusation and the petitioner's alleged active participation in the occurrence, anticipatory bail is declined and the application stands rejected.

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Key takeaways

Observation protecting the applicant's future remedy: if the petitioner surrenders before the court below and seeks regular bail, the court below may consider the application on its own merits without being prejudiced by the rejection of the present anticipatory bail application.obiter¶20

Detailed headnote1 paragraphs

Anticipatory bail rejected - High Court of Judicature at Patna (Anil Kumar Sinha, J.), Criminal Miscellaneous No. 30451 of 2024, decided 21-09-2024. The petitioner Pramod Tanti, apprehending arrest in Mojahidpur (Babarganj) P.S. Case No. 367 of 2023 dated 05.11.2023 (Sections 447, 341, 307, 504, 506, 34 I.P.C. and Section 27 of the Arms Act), sought pre-arrest bail. The Court noted that he is an F.I.R.-named accused with a specific allegation of firing upon the informant, that two empty cartridges were recovered and seized in front of the informant's house, and that considering the nature of the accusation and his alleged active participation in the occurrence, anticipatory bail could not be granted; the application was rejected. Defence reliance on an earlier cross-case (SC/ST P.S. Case No. 24 of 2023 lodged by the petitioner's wife, urged to be a counter blast) did not persuade the Court. The Court observed that if the petitioner surrenders and applies for regular bail, the court below may consider it on its own merits without prejudice to this rejection.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30451 of 2024

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Arising Out of PS. Case No.-367 Year-2023 Thana- MOUZAHIDPUR District- Bhagalpur

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

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Pramod Tanti S/o Sri Lale Tanti R/o Mohalla- Mahadeo Lal Lane, NearMahadeo pound, Kutubganj, P.S.- Mojahidpur, District- Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Chandra Shekhar Anand For the Opposite Party/s : Mr.Shailendra Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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3 21-09-2024

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Heard the parties.

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The petitioner apprehends his arrest in connection with Mojahidpur (Babarganj) P.S. Case No. 367 of 2023 dated 05.11.2023 registered for the offence under Sections 447, 341, 307, 504, 506, 34 of the I.P.C. and Section 27 of the Arms Act.

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As per the F.I.R. the informant Savitri Devi on the fateful night of 04.11.2023 at 8:30 P.M. she was in her house with her family members. Suddenly, the accused persons along with one unknown person armed with pistol came at her door and kicked the door and called Arpit. It is further alleged that they demanded Rs. 1 Lakh and also told to settle the case of Ankush Kumar. The informant went to her roof from where in the light of torch she identified the accused persons. In the meantime the petitioner fired upon her but the bullet did not hit

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Patna High Court CR. MISC. No.30451 of 2024(3) dt.21-09-2024 2/3

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the informant. Thereafter, the informant threw a half brick on which one of them again fired upon her.

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Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence whatsoever. He submits that the informant did not sustain any injury as such Section 307 I.P.C. is not made out against the petitioner. The wife of the petitioner earlier has lodged SC/ST P.S. Case No. 24 of 2023 on 23.08.2023 under Sections 341, 323, 354, 504, 506 / 34 of the I.P.C. and Section 3(i)(r)(s)(w) of the SC / ST Act against the informant and her family members and the present case is the counter blast of SC / ST P.S. Case No. 24 of 2023.

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I have heard learned counsel for the petitioner and perused the material on record. The petitioner is F.I.R. named accused and there is specific allegation of firing against him. From perusal of the seizure list at paragraph no. 4 of the case diary it appears that two empty cartridges were recovered and seized in front of the house of the informant.

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Considering the nature of accusation and active participation of the petitioner in the alleged occurrence, I am not inclined to grant the privilege of anticipatory bail to the petitioner. The same stands rejected.

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Patna High Court CR. MISC. No.30451 of 2024(3) dt.21-09-2024 3/3

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However, if the petitioner surrenders before the court below and seeks regular bail, the court below may consider the same on its own merit without being prejudiced by the fact the present anticipatory bail application has been rejected by this Court.

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(Anil Kumar Sinha, J)

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praful/-

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U T

Pramod Tanti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pramod Tanti v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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