Patna High CourtCR. MISC./49964/2023dismissed

Dheeraj Tiwari v. The State Of Bihar

2023-08-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49964 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- DAUDPUR District- Saran ====================================================== Dheeraj Tiwari Son Of Late Anil Tiwari Resident Of Village - Ramgarh, P.S. - Siswan (Chainpur O.P.), Distt. - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-08-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Daudpur P.S. Case No. 40 of 2023 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution case, the petitioner was caught red handed while he was fleeing away after committing loot in a Kirana shop. He is also said to have fired upon one person. There is recovery of country made pistol from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 05.02.2023, he is quite innocent and has not committed any offence.

5. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that this petitioner has three

Patna High Court CR. MISC. No.49964 of 2023(2) dt.19-08-2023 2/2 criminal antecedents.

6. Considering the allegations levelled against the petitioner and the criminal antecedents, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application is dismissed.

8. The Court below is directed to expedite the trial of the petitioner.

(Sandeep Kumar, J) Shishir/- U T