Patna High Court
Dhiraj TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Dhiraj Tiwari, was arrested after being caught red‑handed shooting a victim, with a pistol and live cartridges recovered. He was charged under Sections 25(1‑b)a, 26 and 35 of the Arms Act and has been in custody since 5 February 2023. The petitioner filed a fourth application for regular bail, contending that he has already served about three years, roughly half of the prescribed sentence, and that there has been a delay in trial. The Court considered the period of custody, the delay, and the fact that the petitioner had served about half the term, and consequently allowed the bail application. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under the Arms Act considering the time already served and the delay in trial
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- regular bail
- delay in trial
- sentence served
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29 of 2026
Arising Out of PS. Case No.-40 Year-2023 Thana- DAUDPUR District- Saran
======================================================
Dhiraj Tiwari S/o- Late Anil Tiwari Village- Ramgarh Ps- Chainpur District-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the State : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the forth attempt of the petitioner for grant
of regular bail in connection with Daudpur P.S. Case No. 40 of
2023 / S.T. No. 755 of 2023 registered for the offence under
Section 25(1-b)a, 26, 35 of the Arms Act.
3. The petitioner was caught red handed after shooting
the victim and one country made pistol and two live cartridges
have been recovered from him.
4. The petitioner is in custody since 05.02.2023.
5. It has been submitted by Mr. Jha, learned counsel
for the petitioner that the petitioner has already undergone three
years of incarceration.
6. Considering the period of custody, delay in trial and
Patna High Court CR. MISC. No.29 of 2026(2) dt.12-02-2026
2/2
the fact that the petitioner has undergone about half of the
sentence prescribed under the statute, this application is
allowed.
7. Let the petitioner, above named, 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 the learned
District and Additional Sessions Judge, V, Saran at Chapra/
concerned Court in connection with Daudpur P.S. Case No. 40
of 2023.
(Sandeep Kumar, J)
P. Kumar
U T
Checking your session…