Chhotelal Tiwari @ Gannayak Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1949 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- SIKRAUL District- Buxar ====================================================== CHHOTELAL TIWARI @ GANNAYAK TIWARI Son of Raj Narayan Tiwari @ Sadhu Resident of Village - Patrakona, P.S.- Sikraul, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Sikraul P.S. Case No. 118 of 2019, registered for the offence punishable under Sections 341, 323, 504, 332, 333, 337, 353 and 324 of the Indian Penal Code, Sections 25(1-b)a, 26 of the Arms Act and 37(b) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation is regarding recovery of one empty country made pistol from the petitioner and he was found to be in an intoxicated condition.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is submitted that though the petitioner is an accused in one other

Patna High Court CR. MISC. No.1949 of 2020(2) dt.14-01-2020 2/2 case, but he is on bail in the case case. Lastly, it is submitted that the petitioner is languishing in custody since 2.11.2019. Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail immediately upon completion of six months of custody i.e. with effect from 2.11.2019 and further subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Additional Session Judge 2nd cum Special Judge (Excise), Buxar in connection with Sikraul P.S. Case No. 118 of 2019.

With the aforesaid observations and directions, the petition stands disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U T