Sonu Kumar @ Saurabh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75565 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Sonu Kumar @ Saurabh Kumar Tiwari S/O Surendra Tiwari @ Surendra Tivari R/O- Rajwaria, P.S.- Nabinagar, Distt-Aurangabad ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Kant Kumar, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Nabinagar P.S. Case No. 180 of 2025 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per prosecution case, the petitioner and coaccused Bholu Kumar were apprehended and on their disclosure one country-made katta and one live cartridge were recovered from bush.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner is in

Patna High Court CR. MISC. No.75565 of 2025(2) dt.24-12-2025 2/3 custody since 30.06.2025 and petitioner bears criminal antecedent of one case. It is submitted that on similar and identical allegation, co-accused Bholu Kumar already been granted bail by the Co-ordinate Bench of this Court vide Cr. Misc. No. 79635 of 2025 and on the principle of parity, the petitioner also deserves bail. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner and submits that there is allegation against the petitioner in the FIR and he cannot escape from the allegation made in the FIR.

6. Considering the facts and circumstances of the case, co-accused has already been granted bail by the Coordinate Bench of this Court, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.75565 of 2025(2) dt.24-12-2025 3/3 each to the satisfaction of learned A.C.J.M. 1st, Aurangabad in connection with Nabinagar P.S. Case No. 180 of 2025, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) Nilmani/- U T