Dhruv Tiwari @ Dhrup Tiwari @ Dhruwnrayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19993 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- KORANSARAI District- Buxar ====================================================== Dhruv Tiwari @ Dhrup Tiwari @ Dhruwnrayan Tiwari S/O Late Tej Narayan Tiwari R/O Baijnathpur, P.O-Shivpur, P.S-Nawanagar, District-Buxar. 802125 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyabir Bharti, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2021 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 25(1-b)a/26/36 of the Arms Act and Section 3⁄4 of the Explosives Substances Act. On secret information that illegal transportation of weapons is being carried, police reached there and apprehended the petitioner along with one .315 bore country made rifle, two bullets and one hand grenade. Accordingly, a seizure list was prepared.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.19993 of 2021(2) dt.01-09-2021 2/2 case. He submits that the STF personals wanted to implicate the ex-Mukhiya Sri Anil Choubey due to political reasons and therefore, the petitioner was pickedup from his residence early in the morning on 04.12.2020 by the STF and the arms and ammunition planted on him through he never had handled such arms and ammunition in his life. He submits that charge-sheet has been submitted under Arms Act and the learned court below has taken cognizance under the Arms Act. He further submits that the petitioner bears one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 05.12.2020.

Considering the facts and circumstances of the case and the fact that the charge-sheet has been submitted under the Arms Act and cognizance has also been taken by the learned court on the same offence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Koran Sarai P.S. Case No. 123 of 2020.

(Anjani Kumar Sharan, J) devendra/- U T