Shiv Chandra Tiwari @ Shiv Chandra Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75408 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- KARPI District- Jehanabad ====================================================== SHIV CHANDRA TIWARI @ SHIV CHANDRA TIWARY Son of Ramji Tiwary R/v- Kajhwan, P.S- Jamhor, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rama Kant Singh, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Karpi (Sahar Telpa OP) P.S. Case no. 142 of 2022 registered under sections 414 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, on the accused persons having been caught and search being conducted, it is stated that a loaded countrymade pistol and seven live cartridges were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. The petitioner has been falsely implicated in the case because of his antecedent. He is in custody since 26.6.2022
Patna High Court CR. MISC. No.75408 of 2022(2) dt.29-04-2023 2/2 and chargesheet has been submitted in the case.
5. Heard learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner having remained in custody for 10 months since 26.6.2022 and chargesheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Karpi (Sahar Telpa OP) P.S. Case no. 142 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1, Arwal. (Partha Sarthy, J) Spd/- U T