Ankush Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8293 of 2024 Arising Out of PS. Case No.-752 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Ankush Tiwari, aged about 21 years, male S/o Ramaji Tiwari Resident of Village - Chhotki Nanijor, P.S. - Nanijor Brahampur, District - Buxar, Bihar ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate.

For the Opposite Party/s :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Brahampur P.S. Case No. 752 of 2023 instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Arms Act and 30(a) of the Bihar Prohibition and Excise Act, 2018.

3.

As per the prosecution case, total 25.620 litres of illicit foreign liquor from the motorcycle. It is further alleged that a country made pistol and three live cartridges also recovered from the co-accused namely, Jyotish Tiwari. 4.

It has been submitted on behalf of the petitioner's counsel that the petitioner is in custody since 22.12.2023. Petitioner has no criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.8293 of 2024(2) dt.16-02-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It is further submitted that petitioner is not the owner of the said motorcycle. There is no compliance of Section 100 of the Cr.P.C.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Brahampur P.S. Case No. 752 of 2023.

(Rudra Prakash Mishra, J) Nilmani/- U T