Patna High CourtCR. MISC./36285/2020allowed

Radheshyam Tiwari v. The State Of Bihar

2021-04-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36285 of 2020 Arising Out of PS. Case No.-275 Year-2020 Thana- PIPRA District- East Champaran ====================================================== Radheshyam Tiwari son of Ramkumar Tiwari @ Rampukar Tiwari resident of village-Janhigara, P.S-Pipra, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-04-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with NDPS case No. 28 of 2020 arising out of Pipra P.S. Case No. 275 of 2020 for the offence under sections 399 and 402 of the Indian Penal Code and Sections 25(1-b),a, 26, 35 of the Arms Act and 20, 22 of the NDPS Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

It is alleged that from the possession of this petitioner one pistol with live cartridge was recovered. Learned counsel for the petitioner submits that no narcotic was recovered from the possession of this petitioner. The petitioner is in custody since 12.8.2020.

Patna High Court CR. MISC. No.36285 of 2020(3) dt.05-04-2021 2/2 Considering the fact that the petitioner has no criminal antecedent, the Court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 50,000/- (Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, Motihari, East Champaran, in connection with NDPS case No. 28 of 2020 arising out of Pipra P.S. Case No. 275 of 2020 subject to the condition that the petitioner shall deposit Rs. 50,000/- cash in the court below and the amount of Rs.50,000/- cash deposited by the petitioner shall abide by final outcome of the pending criminal case. (Anil Kumar Upadhyay, J) Ravi/- U T