Patna High Court
Sarwan Tiwari @ Dashrath TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with a bond of Rs 10,000 and specified conditions.
Summary
Sarwan Tiwari was arrested on 14‑10‑2025 in connection with FIR dated 13‑10‑2025 for alleged offences under Sections 25(1‑B)(i), 26 and 35 of the Arms Act, with two live cartridges and a mobile phone recovered from his possession. The petitioner sought bail, contending that the recovery violated Sections 103 and 105 of the Bihar Non‑Stationary Subordinate (BNSS) Act and that the police were seizure‑list witnesses. The State opposed bail, noting the seriousness of the arms offences and that the petitioner had three other cases, though he was on bail in those. The Court examined the procedural lapse claim and the nature of the offence, and decided to grant bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was made effective without delay for verification.
Issues considered
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS Act warrants denial of bail.
- Whether the nature of the offences under the Arms Act justifies the grant of bail.
- Impact of the petitioner’s other pending criminal cases on the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(i), 26, 35
Subjects
- bail
- Arms Act
- seizure
- procedural compliance
- BNSS Act
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90894 of 2025
Arising Out of PS. Case No.-459 Year-2025 Thana- PANCHRUKHI District- Siwan
======================================================
Sarwan Tiwari @ Dashrath Tiwari Son of Dashrath Tiwari Resident of Village
- Bharatpura, Police Station - G.B. Nagar (Tarwara), District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-04-2026 Heard Mr.Raghav Prasad, learned counsel for the
petitioner and Mr.Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
14.10.2025 in connection with Pachrukhi P.S.Case No.459 of
2025, F.I.R. dated 13.10.2025 registered for the offence
punishable under Sections 25(1-B)(i),26,35 of the Arms Act.
3. Recovery is of two live cartridges and one mobile
phone from possession of the petitioner.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears that two
live cartridges and one mobile phone were recovered from
possession of the petitioner. Further submits that as per FIR the
recovery has been made from possession of the petitioner but
there is non-compliance of Sections 103 and 105 of the BNSS,
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2023 and the police personnel are seizure list witnesses and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 14.10.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovery has been made from possession of the
petitioner apart from that, the petitioner carries three more cases
other than the present one but fairly submits that the petitioner is
on bail in all the cases, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-IX, Siwan in
connection with Pachrukhi P.S.Case No.459 of 2025, with the
following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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