Anup Kumar Tiwari @ Anup Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18035 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Anup Kumar Tiwari @ Anup Tiwari, S/o Ram Murat Tiwari, Resident of Village- Fakarabad, P.S.- Kudra, District- Kaimur (Bhabua) .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Uday Pratap Singh, Advocate. For the Opposite Party/s : Mr. Nityanand Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-05-2017 Heard both sides.

The petitioner seeks bail in Kudra P.S. Case No. 300 of 2016 registered under Section 212 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. One country made pistol with live cartridges was recovered from the possession of the petitioner. Leanred counsel for the petitioner submits that the petitioner is in jail since 04.12.2016 and he has remained in jail for more than five months. The petitioner was arrested on 02.12.2016 and he was produced in the court on 04.12.2016. This fact itself shows the false recovery of arms from the possession of the petitioner.

Considering the facts aforesaid that the petitioner

Patna High Court Cr.Misc. No.18035 of 2017 (3) dt.09-05-2017 2/2 has remained in jail for more than five months, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua (Kaimur) in connection with Kudra P.S. Case No. 300 of 2016.

(Prabhat Kumar Jha, J) Mishra/- U T