Patna High CourtCR. MISC./48943/2024bail granted

Bimlesh Tiwari @ Mukhiya v. The State Of Bihar

2024-07-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48943 of 2024 Arising Out of PS. Case No.-31 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Bimlesh Tiwari @ Mukhiya Son of Jaishambhu Tiwari R/O Vill.- Barishwan, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantam Shivam, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Shahpur P.S. Case No. 31 of 2024 instituted for the offences under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Prosecution case, in brief, is that, on the basis of secret information, police raided the place of occurrence and apprehended four persons including this petitioner. On search, various arms and ammunitions from accused persons.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No any arms/ammunitions have been recovered from the conscious possession of the petitioner rather the same have been recovered

Patna High Court CR. MISC. No.48943 of 2024(2) dt.24-07-2024 2/3 from other co-accused persons who were present at the spot. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. Chargesheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.01.2024 and has four criminal antecedents. There is no compliance of Section 100 of the Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, no any recovery of firearms as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shahpur P.S. Case No. 31 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.48943 of 2024(2) dt.24-07-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T