Krishna Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90649 of 2025 Arising Out of PS. Case No.-297 Year-2025 Thana- AANDAR District- Siwan ====================================================== Krishna Tiwari S/o Late Rama Shankar Tiwari Resident of village- Tiwari Ke Bhatkan, PS- Ander, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Singh Mr. Abhishek Kumar Singh Mr.Priyanshu Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-04-2026

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ander Police Station Case No. 297 of 2025, dated 15.10.2025, disclosing offences punishable under Sections 25(1-B)a/26/35 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that the petitioner has kept illegal arms in his house, raided the house of the petitioner, apprehended the brother of the petitioner from the house and recovered one countrymade pistol along with two live cartridges from the possession of the apprehended accused person. The police

Patna High Court CR. MISC. No.90649 of 2025(3) dt.01-04-2026 2/2 also recovered one country-made pistol along with four live cartridges kept under the mattress of the bed of the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case at the behest of his agnates. The name of the petitioner has transpired in this case on the basis of statement of the apprehended co-accused person, from whose conscious possession, illegal arms were recovered. He further submits that the petitioner was not present in the house at the time of search and seizure.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that from perusal of the First Information Report and the seizure list, it is evident that illegal arms were recovered from the room of the petitioner, I am not inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, dismissed (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √