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Patna High Court

Shiv Sagar Tiwari @ Lukudu TiwariversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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          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


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