Patna High Court
Shiv Sagar Tiwari @ Lukudu TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The appeal is allowed; the order rejecting bail is set aside and the appellant is released on bail.
Summary
The appellant, Shiv Sagar Tiwari, was convicted in a lower court for assault, firing a weapon, and alleged caste slur under several sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and his bail application was rejected on 13‑06‑2025. He appealed, claiming innocence, a land‑dispute background, injuries to himself, and lack of any public caste slur, and asserted a clean antecedent. The State opposed bail, maintaining the seriousness of the offences. The Patna High Court examined the nature of the offences, the circumstances of the alleged caste insult, the period of custody, and the appellant’s personal background. Finding that the allegations did not satisfy the requirements for a POA offence and that bail was appropriate given the circumstances, the Court set aside the lower‑court order, granted bail on a bond of Rs.10,000 with two sureties, and allowed the appeal.
Issues considered
- Whether the appellant is entitled to bail for offences punishable under IPC sections 191(2), 191(3), 190, 126(2), 352 and 109(1).
- Whether the alleged caste slur falls within the ambit of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- Whether the appellant’s custody period, clean antecedent and the facts of the case justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 109(1), 126(2), 190, 191(2), 191(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(i), 3(r), 3(s)
Subjects
- bail
- criminal procedure
- IPC offences
- SC/ST POA Act
- caste discrimination
- assault
- firearms
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2753 of 2025
Arising Out of PS. Case No.-15 Year-2024 Thana- NANIJOR District- Buxar
======================================================
Shiv Sagar Tiwari @ Lukudu Tiwari S/O Shrinath Tiwari @ Shirnath Tiwari
R/O Village- Chhotaki Nainijor, P.S.- Nainijor, Dist.- Buxar.
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Ramchandra Yadav S/O Dhanpati Yadav R/O Village- Chhotaki Nainijor,
P.S.- Nainijor, Dist.- Buxar.
3. Harendra Ram S/O Late Sudama Ram R/O Village- Chhotaki Nainijor, P.S.-
Nainijor, Dist.- Buxar.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajit Kumar , Advocate
For the Respondent/s : Mr. Sadanand Paswan, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 08-01-2026 Heard learned counsel for the appellant, learned Spl.
Public Prosecutor appearing on behalf of the State . Nobody
appears on behalf of respondent No. 2.
2. This appeal has been preferred on behalf of the
appellant for setting aside the order dated 13.06.2025 registered
for the offences punishable under 191(2), 191(3), 190, 126(2),
352 and 109(1) of the B.N.S. and Section 3(i)(r)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, whereby the prayer for bail of the appellant has
been rejected.
3 . As per prosecution case, it is alleged that this appellant,
Patna High Court CR. APP (SJ) No.2753 of 2025(5) dt.08-01-2026
2/3
along with other accused persons, assaulted son of informant
and two other persons. It is further alleged that this appellant
fired due to which son of informant sustained fire arm injury on
his left arm and also abused him by caste name .
4. It is submitted by learned counsel appearing on behalf
of the appellant that the appellant is quite innocent and has
falsely been implicated in this case. As a matter of fact, due to
admitted land dispute, maar-peet took place in which both sides
sustained injuries. There is case and counter-case between the
parties. Appellant also sustained head injury. There is no
allegation that castiest slur was made in a place within the
public view of there was any member of public present at the
spot, and as such, no case under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act is made out
against this appellant. Appellant claims clean antecedent.
Appellant is in custody since 13.06.2025 .
5 . Learned Spl. Public Prosecutor for the State opposed
the bail appeal.
6. Considering the aforesaid facts, period of custody and
circumstances of the case , let the appellant, as named above be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. APP (SJ) No.2753 of 2025(5) dt.08-01-2026
3/3
satisfaction of the learned District and Additional Session Judge
Ist-cum- Special Judge SC / ST (POA) Act, Buxar in
connection with Nainijor ( Brampur ) P.S. Case No. 15 of
2024 .
7. Accordingly, the impugned order dated 13.06.2025
is set aside and this criminal appeal is allowed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…