GAUTAM DEBNATH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition for grant of anticipatory bail has been filed in respect of FIR No.156 of 2014 lodged on 12-09-2014 at the instance of the police itself against the petitioner, his brother and some other persons alleging that they had prepared to commit a dacoity and that some illicit arms were recovered from the house of the present petitioner. The police approached the Executive Magistrate who issued a search warrant in terms of section 94 of the Code of Criminal Procedure (Cr.P.C.). Thereafter, the police went to the house of the present petitioner. According to the prosecution case, most of the persons managed to run away but one Uttam Debnath, real brother of the petitioner, was arrested in the house. When the search of the house was conducted, one unloaded single barrel gun and some ammunition were recovered hidden in a bag in the kitchen behind the firewood.

(2.) Accused Uttam Debnath has been released on bail. The others have also been released on bail and it is urged that Gautam Debnath, the present petitioner, should be granted anticipatory bail and released in the event of his arrest.

(3.) I am not in agreement with the submission made by the learned counsel because according to the police, it is Gautam Debnath who is the kingpin and the mastermind behind this entire attempted dacoity. This Court at this stage is not deciding the merits of the case but according to the prosecution, the illicit arms were recovered from the house of Gautam Debnath. No doubt, Uttam Debnath was also an occupant of the house and he was arrested but as per the record of the prosecution, during interrogation Uttam Debnath has stated that his brother Gautam Debnath had hidden the arms and ammunition in the kitchen room.