Patna High Court
Abhishek Tiwari @ Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
Holding
The appellate court set aside the trial court’s refusal and granted anticipatory bail to the appellant.
Summary
The appellant, Abhishek Tiwari, was charged under several provisions of the Bihar Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for alleged assault and caste-based abuse on 17-11-2025. He contended that the FIR was lodged four days after the incident without medical corroboration, suggesting false implication. The trial court refused his prayer for anticipatory bail. The appellant appealed under Section 14‑A(2) of the SC/ST Act, arguing that the allegations were vague and the delay in filing the FIR undermined the prosecution’s case. The High Court, after considering the submissions, held that the appellant could be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the CrPC. Consequently, the appellate court set aside the trial court’s order and allowed the appeal.
Issues considered
- Whether the appellant is entitled to anticipatory bail under Section 14‑A(2) of the SC/ST Act despite the pending charges.
- Whether the delay in filing the FIR and lack of medical evidence justify granting anticipatory bail.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
Legislation cited
- Bihar Penal Code (BNS) — s. 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352
- Criminal Procedure Code — s. 482(2)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(r)(5), 3(2)(va)
Subjects
- anticipatory bail
- SC/ST Act
- false implication
- FIR delay
- Section 14-A
- caste based violence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.202 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- SC/ST District- Aurangabad
======================================================
Abhishek Tiwari @ Abhishek Kumar Son of Megha Tiwari @ Meghnath
Tiwari R/o Tiwari Muhalla, P.S. - Daudnagar, Dist. - Aurangabad(Bihar).
... ... Appellant/s
Versus
1. The State of Bihar
2. Ajay Kumar Paswan Son of Umesh Paswan R/o Village - Belwa, P.S. -
Daudnagar, Distt. - Aurangabad.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ashok Singh
For the Respondent/s : Mr.Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-06-2026 1. Heard learned counsel for the appellant and learned
Spl. P.P. for the State, Mr. Binay Krishna.
2. No one appears on behalf of the respondent no. 2.
3. This is an appeal under Section 14-A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the “SC/ST
Act”) against the refusal of prayer for anticipatory bail vide
order dated 6-1-2026 in A.B.P. No. 5 of 2026 passed by the
learned 1st Additional Sessions Judge-cum-Special Judge
(S.C./S.T., Children & NDPS Act), Aurangabad (Bihar) in
connection with Aurangabad SC/ST P.S. Case No. 49 of 2025
registered for the offences punishable under Sections 191(2),
Patna High Court CR. APP (SJ) No.202 of 2026(3) dt.17-06-2026
2/3
190, 191(3), 126(2), 115(2), 352, 351(2) and 303(2) of the BNS
as well as Sections 3(1)(r)(5) and 3(2)(va) of the SC/ST Act.
4. Learned counsel for the appellant submits that
appellant has antecedent of four cases and the informant alleges
that on 17-11-2025 he was returning home after purchasing feed
for the poultry farm when he was intercepted by accused
persons including the appellant along with four unknown
accused near Jinoriya market. It is next alleged that the accused
persons started assaulting him and Anjan and Abhishek abused
him by taking caste name, it is further alleged that the accused
persons assaulted him by rod and pistol causing injury near eye
and forehead, further Anjan intended to fire, but then villagers
gathered when accused persons fled and informant was taken to
hospital for treatment.
5. Learned counsel for the appellant submits that the
appellant has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that
allegation of assault and abuse is general and omnibus in nature.
It is also submitted that the date of occurrence is 17-11-2025
and the FIR came to be instituted on 21-11-2025, i.e., after a
delay of 4 days which casts aspersion on the case of the
Patna High Court CR. APP (SJ) No.202 of 2026(3) dt.17-06-2026
3/3
prosecution without any plausible explanation. It is next
submitted that had the informant been assaulted in the manner
as alleged, in that event, the hospital would have informed the
police but that is not the case as the FIR has been instituted
based on written application of the informant.
6. Learned Spl. P.P. for the State opposes the prayer
for anticipatory bail of the appellant.
7. Considering the aforesaid facts, let the appellant
above-named, in the 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. 5,000/- (Rupees Five 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 the aforesaid case, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
8. Accordingly, the impugned order is set aside and
the appeal stands allowed.
(Satyavrat Verma, J)
Sumit/-
U T
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