Ashish Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86111 of 2024 Arising Out of PS. Case No.-173 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Ashish Tiwari S/o Madhav Kant Tiwari R/o Village and PO- Bilauti, PSShahpur, Belauthi, Belauti, District- Bhojpur, Bihar 802154 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar Pandey :

Mr. Pulkit Thakur :

Mr. Kuldeep Thakur For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115, 109, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023 along with Section 27 of the Arms Act, 1959.

3. As per the prosecution case, there is allegation against the petitioner, in the F.I.R., that being a police constable, he pointed pistol on the other police personnel and also fired on them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.86111 of 2024(2) dt.17-12-2024 2/2 specific rather general and omnibus in nature. He submits that the departmental proceeding is going on against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the departmental proceeding is going on against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 learned Court below where the case is pending/successor Court in connection with Piprakothi P.S. Case No. 173 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.

(Anjani Kumar Sharan, J) anand/- U T