Anup Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74547 of 2019 Arising Out of PS. Case No.-116 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== ANUP TIWARI S/o Sri Ram Murat Tiwari Resident of Village- Phakarabad, P.S.- Kudra, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 25(1-b)a, 25(1-AA)/26/35 of the Arms Act.

Allegedly, one country made pistol along with two live cartridges is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 20-05-2019. Charge sheet has already been submitted. There is no recovery of arms from possession of the petitioner. The arms is alleged to have been recovered from co-accused Abhai Kumar. The petitioner has been made accused in this case merely on the basis of suspicion. There is no compliance of Section 100 Cr.P.C.

Patna High Court CR. MISC. No.74547 of 2019(3) dt.05-03-2020 2/2 On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate-VI, Kaimur at Bhabua in connection with Kudra P.S. Case No. 116 of 2019.

(Sudhir Singh, J) A.K.V.//- U T