Kamlesh Tiwari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60459 of 2018 Arising Out of PS.Case No. -191 Year- 2018 Thana -DUMRAO District- BUXAR ======================================================

1. Kamlesh Tiwari, S/o Late Shivshankar Tiwari, R/o Vill.- Chawagain, P.S.- Murar, District- Buxar.

2. Shashi Bhushan Singh S/o Late Shri Ram Singh, R/o Vill.- Masrhia, P.S.- Murar, District- Buxar.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners.

Petitioners pray for bail in connection with Dumaron P.S.Case No. 191 of 2018 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act. Allegation against petitioner No.1 is of recovery of five live cartridges and against petitioner No.2 is of recovery of one country-made pistol and five live cartridges and he has criminal antecedent also.

Submission of learned counsel for the petitioners is that petitioners have falsely been implicated in this case and they are in custody since 22.5.2018 and petitioner No.1 has no criminal antecedent.

Patna High Court Cr.Misc. No.60459 of 2018 (2) dt.06-10-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let petitioner No.1, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Dumaron P.S.Case No. 191 of 2018, corresponding to G.R.No. 1576 of 2018, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. So far petitioner No.2 is concerned, once he completes seven months period in custody he shall be released on bail by the court below itself to its own satisfaction.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U T