Golu Tiwari @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38784 of 2021 Arising Out of PS. Case No.-136 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== GOLU TIWARI @ SHIVAM KUMAR Son of Anil Kumar Tiwari @ Anil Tiwari @ Trivijay Kumar Tiwari Resident of Village- Gausia, P.S.- Manjhagarh, Distt- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar No1 For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of regular bail, arises out of Gopalganj Town Police Station Case No. 136 of 2021, disclosing offences under Sections 25(1-b)a, 26, 35 of the Arms and Section 8C/21(a)/22(a) of N.D.P.S. Act.

The allegation is that one loaded country-made pistol with live cartridge and 15 tables of psychotropic medicine and two mobiles were recovered from possession of this petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.38784 of 2021(2) dt.13-12-2021 2/2 and he has falsely been implicated in this case. It is also submitted that alleged medicine was used by her mother for sound sleeping and it was not psychotropic substance. The petitioner had gone to purchase medicine and having taken the medicine as soon as he reached at the P.O. the police arrested him. Learned counsel further submits that petitioner is in custody since 25.02.2021 Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 25.02.2021 having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

Accordingly, 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 learned Session Judge, Gopalganj, in connection with Gopalganj Town Police Station Case No. 136 of 2021. (Prabhat Kumar Singh, J) sanjeev/- U T