Ratnesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14124 of 2021 Arising Out of PS. Case No.-618 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== RATNESH TIWARY Son of Bhavnath Tiwary Resident of VillageKushiharpur Ramani, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Kanti P.S. Case no. 618 of 2020 registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act. As per allegation in the FIR, it is stated by the informant that on receiving information about the accused persons planning to give effect to an occurrence, a raid was conducted. While two accused persons managed to escape three accused persons including the petitioner herein were arrested. It is stated that two empty magazines of pistol were recovered from the possession of the petitioner while empty pistol magazine, country made pistol and cartridge was recovered from the other accused persons.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR are false and concocted. The petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.14124 of 2021(2) dt.02-07-2021 2/2 case. No incriminating article has been recovered from his possession. He has no criminal antecedent and is in custody since 7.10.2020. Charge sheet has been submitted in the case. The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent and having remained in custody for nearly 9 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Kanti P.S. Case no. 618 of 2020 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 Additional Chief Judicial Magistrate II, West Muzaffarpur.

(Partha Sarthy, J) Prakash/- U