Kumod Tiwari @ Kamod Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26926 of 2020 Arising Out of PS. Case No.-581 Year-2019 Thana- KESARIA District- East Champaran ====================================================== KUMOD TIWARI @ KAMOD TIWARI Son of Lalbabu Tiwari Resident of Village - Bahuara Harivansh, P.S.- Kalyanpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Naresh Roy, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Kesariya P.S. Case No. 581 of 2019, disclosing offences punishable under Sections 25(1-b), a, 26 of the Arms Act.

The petitioner is in custody since 28.12.2019. It is alleged that from petitioner's possession one pistol with four cartridges were recovered during the course of search. On perusal of paragraph 3 of the application, it appears that the petitioner has criminal antecedent inasmuch as he is facing criminal prosecution in three cases. By an order dated 08.12.2020, this Court had called for a report from the Court below as regards the present status of the trial. A report has been received from which it appears that

Patna High Court CR. MISC. No.26926 of 2020(5) dt.06-01-2021 2/2 even the police papers have not been served upon petitioner. In the aforesaid background, this application is allowed.

Let the petitioner above-named be released 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 Additional Chief Judicial Magistrate-III, East Champaran at Motihari in Kesariya P.S. Case No. 581 of 2019. (Chakradhari Sharan Singh, J) arun/- U