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Patna High Court

Dhiraj TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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