Mukesh TiwariversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39785 of 2026
                    Arising Out of PS. Case No.-55 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
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                 Mukesh Tiwari S/O Vijay Tiwari Resident of village- Babhanban, PS-
                 Bhojpur, District- Ara (Bhojpur)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raju Kumar, Adv
                                                  Mr. Shubham Samrat, Adv
                 For the Opposite Party/s :       Mr.Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-06-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 317(5) and

                   3(5) of the Bharatiya Nyaya Sanhita and Sections 25(1-b)a, 26

                   and 35 of the Arms Act.

                             3.     Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that he got an information that on NH-27, four miscreants are

                   standing and are planing to commit an occurrence, accordingly

                   the forces reached the place of occurrence and apprehended two

                   accused who disclosed their name as Ritik and Asraf and from

                   the motorcycle, a country-made pistol was recovered and the
Patna High Court CR. MISC. No.39785 of 2026(2) dt.25-06-2026
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          accused were not able to produce any document with regard to

          the motorcycle and also disclosed the name of Biru and

          petitioner who fled from the place of occurrence.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner was not

          apprehended from the spot and his name transpired in the

          confessional statement of apprehended-accused in police

          custody which does not have any evidentiary value. It is further

          submitted that Biru Mishra had approached this Court seeking

          anticipatory bail by filing Cr. Misc No. 69654 of 2025 and the

          same came to be allowed by an order dated 24-9-2025 by a

          learned Co-ordinate Bench. It is also submitted that case of

          petitioner is similar to the case of Biru Mishra.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that if privilege of

          anticipatory bail is granted to the petitioner, the petitioner may

          abscond, on which the learned counsel appearing on behalf of

          the petitioner submits that petitioner will not abscond rather will

          co-operate in the investigation to prove his innocence.

                   6.     Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the
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                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Kuchaikote P.S. Case No. 55 of 2025, subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.

                                 7.     One of the bailors of the petitioner shall be his

                        father, namely, Vijay Tiwari.

                                 8.      However, it is made clear that in the event, if the

                        Investigating Officer of the case files an application before the

                        learned trial court bringing to its notice that the petitioner,

                        despite giving assurance to this Court, is not cooperating in the

                        investigation, in that event, the learned trial court shall be at

                        liberty to cancel the bail bonds of the petitioner.

                                 9.     Let a copy of this order be sent to the concerned

                        police station through the learned Trial Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T