Patna High Court
Krishna TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied as the evidence indicated recovery of illegal arms from the petitioner’s premises.
Summary
The petitioner, Krishna Tiwari, applied for anticipatory bail after police recovered a country‑made pistol and live cartridges from his residence and from his brother's possession, alleging violations of Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner claimed innocence, asserting that the arms were found based on a co‑accused's statement and that he was not present during the raid. The prosecution's FIR indicated that illegal arms were indeed recovered from the petitioner’s room. The court examined the FIR and seizure list, finding sufficient material to infer possession of illegal arms by the petitioner. Consequently, the judge declined to grant anticipatory bail and dismissed the application.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances of alleged possession of illegal arms?
- Whether the recovery of weapons from the petitioner’s premises establishes sufficient grounds to deny anticipatory bail?
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
Subjects
- anticipatory bail
- Arms Act
- illegal weapons
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90649 of 2025
Arising Out of PS. Case No.-297 Year-2025 Thana- AANDAR District- Siwan
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Krishna Tiwari S/o Late Rama Shankar Tiwari Resident of village- Tiwari Ke
Bhatkan, PS- Ander, District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Singh
Mr. Abhishek Kumar Singh
Mr.Priyanshu Kumar Singh
For the Opposite Party/s : Mr.Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Ander Police Station Case No. 297 of 2025, dated
15.10.2025, disclosing offences punishable under
Sections 25(1-B)a/26/35 of the Arms Act.
3. The prosecution case, as per the First Information Report,
is that the police, on the basis of secret information that
the petitioner has kept illegal arms in his house, raided the
house of the petitioner, apprehended the brother of the
petitioner from the house and recovered one country-
made pistol along with two live cartridges from the
possession of the apprehended accused person. The police
Patna High Court CR. MISC. No.90649 of 2025(3) dt.01-04-2026
2/2
also recovered one country-made pistol along with four
live cartridges kept under the mattress of the bed of the
petitioner.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case at the behest of his agnates. The name of the
petitioner has transpired in this case on the basis of
statement of the apprehended co-accused person, from
whose conscious possession, illegal arms were recovered.
He further submits that the petitioner was not present in
the house at the time of search and seizure.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
from perusal of the First Information Report and the
seizure list, it is evident that illegal arms were recovered
from the room of the petitioner, I am not inclined to grant
the petitioners privilege of anticipatory bail.
6. This application is, accordingly, dismissed
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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