Patna High Court
Abhishek Tiwari @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Abhishek Tiwari, was arrested during a police raid on a co-accused's house where firearms were seized. He was found in possession of two live cartridges, while additional weapons were recovered from the co-accused's bedroom. The petitioner claimed innocence, alleging the cartridges were planted, and highlighted his clean antecedent and the fact that a charge-sheet had already been filed after his custody since 16‑10‑2025. The State opposed bail, but the court considered the limited recovery from the petitioner, his clean record, and the submission of the charge-sheet. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the BNSS and additional personal surety requirements.
Issues considered
- Whether bail should be granted to the accused under the Arms Act offences (Sections 25(1‑b)a, 26, 35) considering the nature of the alleged offence and the evidence recovered from him
- Whether the petitioner’s clean antecedent and the filing of the charge‑sheet justify release on bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal procedure
- high court
- Bihar
- section 480(3) BNSS
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1420 of 2026
Arising Out of PS. Case No.-297 Year-2025 Thana- AANDAR District- Siwan
======================================================
Abhishek Tiwari @ Abhishek Kumar Son of Late Rama Shankar Tiwari
Resident of Village - Tiwari Ke Bhatkan, P.S. - Andar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Ander P.S. Case No. 297 of 2024 registered for
the alleged offences under Sections 25(1-b)a, 26, 35 of the Arms
Act.
03. As per prosecution case, police received secret
information about storage of firearms in the house of co-accused
Krishna Tiwari. A raid was conducted and this petitioner was
apprehended while trying to flee away from the spot. From the
possession of this petitioner, recovery of two live cartridges was
made. On search of the bedroom of co-accused Krishna Tiwari,
one country made pistol with magazine loaded with four live
cartridges, one magazine of counter made pistol, one single
Patna High Court CR. MISC. No.1420 of 2026(2) dt.15-01-2026
2/3
barrel country made gun and two live cartridges of the single
barrel gun were recovered.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Recovery of only two live cartridges has been shown from
the petitioner but the same is planted as it appears from the
contents of the FIR. Other recovery has been shown from the
bedroom of co-accused Krishna Tiwari and as the petitioner was
present in his house, he was apprehended. Learned counsel
further submits that the petitioner is having clean antecedent.
The petitioner is in custody since 16.10.2025 and charge-sheet
has been submitted.
05. Learned APP for the State opposes the prayer for
bail.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
recovery shown from the petitioner is of two live cartridges and
further considering the period of custody of the petitioner and
his clean antecedent along with submission of charge-sheet, the
petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.1420 of 2026(2) dt.15-01-2026
3/3
Chief Judicial Magistrate, Siwan/court concerned in connection
with Ander P.S. Case No. 297 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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