Mintu @ Mithu Tiwary @ Mintu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85679 of 2024 Arising Out of PS. Case No.-578 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Mintu @ Mithu Tiwary @ Mintu Tiwary, S/O Late Raj Kumar Tiwary, Resident of Village - Mathurapur, P.S.- Bazar Samiti, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Raju Kumar, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard Mr. N.K. Agarwal, learned senior counsel for the petitioner and Dr. Indiwar Kumari, learned APP for the State.

2. The petitioner has prayed for bail in connection with Ara Nawada P.S. Case No. 578 of 2024 registered for the offence punishable under Sections 310(4), 310(5), 310(6), 111(1) of the B.N.S. and Section 25(1-b)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that the informant has secret information that certain miscreants are going to commit some offence and on this information, vehicles were intercepted. It is alleged that one bike without number was seized and beneath the seat of that bike, one country made pistol and four live cartridges were recovered. Three persons were on that bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.85679 of 2024(3) dt.20-03-2025 2/2 offence. He has been falsely implicated in this case. It has further been submitted that in this case, a bike, a country made pistol and four live cartridges have been recovered but the petitioner has got no concern with the alleged recovery. Nothing has been recovered from his possession. He is languishing in judicial custody since 08.08.2024.

5. The application for bail is opposed by learned APP for the State and submitted that petitioner is having criminal antecedent of four cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Ara, Bhojpur in connection with Ara Nawada P.S. Case No. 578 of 2024.

(Ashok Kumar Pandey, J) lata/- U T