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Patna High Court

Abhishek Tiwari @ Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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