Vikki Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58745 of 2022 Arising Out of PS. Case No.-119 Year-2022 Thana- DUMRAO District- Buxar ====================================================== VIKKI TIWARI Son of Narad Tiwari @ Naradmuni Tiwari R/v- Bariswan, P.S.- Shahpur, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, A.P.P. .

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Dumraon P.S. Case No. 119 of 2022 for the offence registered under Sections 420, 467, 468, 471, 414/34 and 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The police force is stated to have apprehended the co-accused person, namely Ritesh Kumar Rai along with a motorcycle and upon search four pistol, one country made pistol, four magazines and two mobile phones as also two fake license book were recovered. It is further

2/4 alleged that upon interrogation the said Ritesh Kumar Rai has disclosed that he had got the illicit arms and fake license book from the petitioner. It appears that on the disclosure made by the said Ritesh Kumar Rai, the petitioner and other coaccused person, namely Rishikesh Yadav as also others were apprehended by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 16.06.2022. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in two other criminal cases but he is on bail in the said two cases. It is also submitted that no incriminating articles have been recovered from the petitioner and merely on the confessional statement of the co-accused person, namely, Ritesh Kumar Rai, the petitioner has been roped in the present case. It is next submitted that the coaccused person, namely, Ritesh Kumar Rai has already been granted bail vide order dated

3/4 05.08.2022 passed in Criminal Miscellaneous No. 25189 of 2022. Lastly, it is submitted that the other co-accused persons have also been granted bail. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that no illicit arms/ammunition have been recovered either from the conscious possession of the petitioner or from his house as also considering the fact that other similarly situated co-accused persons have already been granted bail by Coordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction

4/4 of learned Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 119 of 2022.

(Mohit Kumar Shah, J) S.Sb/Saurav U T