Patna High Court

Ashok TiwariversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner.

Summary

Ashok Tiwari was arrested in a case involving alleged possession of a country‑made pistol, a live cartridge, and alleged narcotics offences under the NDPS Act, BNSS and the Arms Act. The prosecution alleged that he was part of a group of five‑six persons who attempted to flee from police and were apprehended. The petitioner contended that only the pistol and cartridge were found in his possession, while the narcotic ‘charas’ was recovered from a co‑accused’s motorcycle, and argued that he was being falsely implicated despite having ten prior criminal cases. He also pointed to a similar bail order granted to co‑accused Ranjan Singh. The High Court, after considering the facts and the petitioner’s prior cases, granted regular bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, attendance in court, and weekly police‑station reporting.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections of the NDPS Act, BNSS and Arms Act and his prior criminal antecedents

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35
BNSS — s. 310(4), 5
NDPS Act — s. 20(b)(ii)(c), 8

Subjects

regular bail
NDPS Act
Arms Act
criminal antecedents
high court
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11762 of 2026
                   Arising Out of PS. Case No.-167 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
                 Ashok Tiwari Son of Vishwanath Tiwari Resident of Village- Pujha Patjirwa,
                 P.S.- Srinagar, District- West Champaran (Bagaha)

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amarendra Nath Verma, Advocate
                 For the Opposite Party/s :       Mr.Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 8 20 (b) (ii)

                   (c) of the NDPS Act and Sections 310 (4) & 5 of the BNSS and

                   Section 25 (1-b)a, 26 and 35 of the Arms Act.

                                3. The prosecution case, in brief, is that 5–6 persons

                   were sitting beside a canal and, upon seeing the police party,

                   attempted to flee, leaving behind their motorcycle. It is alleged

                   that all of them were apprehended and the present petitioner is

                   one among them.

                                4. Learned counsel for the petitioner submits that,

                   upon perusal of the seizure list, it would transpire that only one

                   country-made pistol and one live cartridge were recovered from
Patna High Court CR. MISC. No.11762 of 2026(2) dt.25-02-2026
                                            2/3




          the conscious possession of the petitioner. It is further submitted

          that 1.362 grams of ‘charas’ was recovered from the motorcycle

          of co-accused Pankaj Singh and not from the possession of this

          petitioner. It is further contended that the petitioner has been

          falsely implicated in the present case on account of his criminal

          antecedents. It is acknowledged that the petitioner has criminal

          antecedents in ten cases. It has also been submitted that

          similarly situated co-accused, Ranjan Singh, has already been

          granted bail vide order dated 03.12.2025 passed in Cr. Misc. No.

          80875 of 2025 and the case of the present petitioner stands on

          similar footing. Moreover the petitioner has been languishing in

          Judicial Custody since 01.05.2025.

                       6. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       7. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Bairya P.S. Case No. 167 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional District Judge cum Special Judge, NDPS, Bettiah,

          West Champaran.
            Patna High Court CR. MISC. No.11762 of 2026(2) dt.25-02-2026
                                                        3/3




                                    8. However, it has been brought on record that the

                      petitioner has criminal antecedents in 10 cases. In such

                      circumstances, he is directed to cooperate in the trial, remain

                      physically present on each and every date fixed by the court,

                      and mark his attendance once every week at the concerned

                      Police Station.



                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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