Santosh Kumar @ Santosh Kumar Tiwari @ Annu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34908 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- KALYANPUR District- Samastipur ====================================================== SANTOSH KUMAR @ SANTOSH KUMAR TIWARI @ ANNU TIWARI Son of Ram Kumar Tiwari Resident of Village - Repura, P.S.- Tajpur (Waini O.P.), District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 This application, for grant of anticipatory bail, arises out of Kalyanpur P.S. Case No. 12 of 2019, disclosing offences under Sections 414 of the Indian Penal Code and Section 25(1-B)A, 26/35 of the Arms Act.

Prosecution case is that police apprehended two accused persons, namely, Rajeev Kumar and Ghulam Ahmad Raja and recovered one loaded country made pistol from the Ghulam Ahmad Raja and one 8 mm cartridge was recovered from the Rajeev Kumar as well as a cash of Rs. 50,000/- was also recovered from them and they disclosed the name of petitioner, as the person, who has supplied the pistol and Rs. 50,000/- for the murder of Zila Parishad. Apart from that he is accused in two more cases. Submission of learned counsel for the petitioner is that submission is that he is a retired Army personnel and so far

Patna High Court CR. MISC. No.34908 of 2019(3) dt.22-08-2019 2/2 criminal antecedent of the petitioner is concerned, they are with respect to property dispute and in one of the cases, he has been acquitted and in another case compromised has been reached between the parties and so far this case is concerned, save and except the disclosure made by the co-accused, there is absolutely nothing against the petitioner.

Heard learned A.P.P. also.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur P.S. Case No. 12 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T