Rohit Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44696 of 2021 Arising Out of PS. Case No.-588 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== ROHIT TIWARI Son of Sri Madan Tiwari Resident of Village - Pandarak, Jagdishpur, P.S.- Pandarak, Distt.- Patna, At present Ram Nagri Renter of Vinay Panday, P.S.- Rajeev Bagbar, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishan Jha, Advocate For the Opposite Party/s :

Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 399 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per the prosecution case, on receiving information about the accused persons making preparations to give effect to an occurrence, it is stated that a raid was conducted and from the possession of the petitioner a loaded country made pistol with a live cartridge was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.44696 of 2021(2) dt.28-01-2022 2/2 Further subsequent to the arrest in the instant case he has also been falsely implicated in other cases. The petitioner is in custody since 1.1.2021 and chargesheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year, the petitioner is directed to be enlarged on bail in connection with Shashtrinagar P.S. Case no. 588 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 4th, Patna.

(Partha Sarthy, J) Spd/- U T