Vicky Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10503 of 2025 Arising Out of PS. Case No.-412 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Vicky Tiwari S/o- Kashinath Tiwari Resident of Village- Barki Nainijor, P.S.- Nainijor, Brahmpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Brahampur (Nainijor) PS Case No. 412 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act and 25(1-B) a, 26 of the Arms Act. 3.

The prosecution case, in short, is that total 69.180 litres of liquor was recovered from bush and one country made loaded pistol and 5 live cartridges was also recovered. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.10503 of 2025(2) dt.24-02-2025 2/2 that recovery is made from an open place, which is accessible to one and all.. The petitioner is in custody since 18.08.2024 and has got four criminal antecedents. There is no compliance of Section 103 of B.N.S.S. Charge-sheet has been submitted in this case.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

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 (Nainijor) PS Case No. 412 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T