Created by Fuzzy Cloud

Patna High Court

Nirbhay Tiwari @ Nirbhay Kumar TiwariversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The appellant is entitled to anticipatory bail, and the trial court's order refusing bail is set aside.

Summary

The appellant, Nirbhay Tiwari, appealed under Section 14‑A(2) of the SC/ST (Prevention of Atrocities) Act against the trial court's refusal to grant anticipatory bail in a case involving alleged assault and caste‑based harassment. The FIR alleged that the appellant and another person assaulted the informant's son with an iron rod and extorted Rs.5,000, invoking caste slurs. The appellant contended he had a clean record and that the informant was not an eyewitness; the medical report indicated the injuries were self‑inflicted. The investigating officer corroborated that the doctor’s report did not support an assault claim. The High Court, after noting the lack of substantive evidence and the medical opinion, held that the lower court erred in denying bail and granted anticipatory bail with conditions under Section 482(2) of the Code of Criminal Procedure, setting aside the impugned order.

Issues considered

  • Whether anticipatory bail should be granted under Section 14‑A(2) of the SC/ST Act when the evidence suggests the alleged injuries are self‑inflicted.
  • Whether the trial court erred in refusing anticipatory bail in the absence of a credible eyewitness and medical corroboration.
  • Whether the provisions of Section 482(2) of the CrPC permit the High Court to intervene and grant bail in this circumstance.

Legislation cited

Subjects

  • anticipatory bail
  • SC/ST Act
  • false implication
  • self‑inflicted injury
  • Section 482 CrPC
  • caste‑based offence
  • medical evidence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3381 of 2025
                   Arising Out of PS. Case No.-148 Year-2025 Thana- GAUTAMBUDHNAGAR District-
                                                          Siwan
                 ======================================================
                 Nirbhay Tiwari @ Nirbhay Kumar Tiwari S/O Kapileshwar Tiwari Resident
                 Of Village- Surwala Tiwari Tola, P.s. G.B. Nagar, Dist.- Siwan

                                                                             ... ... Appellant/s
                                                    Versus
           1.    The State Of Bihar Patna
           2.    Umrawati Devi W/O Rameshwar Ram Resident Of Village- Surwala , P.s.-
                 G.B. Nagar, Dist.- Siwan

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Ajay Kumar Tiwary
                 For the Respondent/s   :      Ms.Usha Kumari 1, Spl. PP
                                               Mr. Udit Narayan Singh
                                               Mr. Rajiv Kumar
                                               Mr. Gajendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

5   09-04-2026              1.    Heard learned counsel for the appellant, learned

                   Spl. P.P. for the State, Ms. Usha Kumari No. 1 and learned

                   counsel appearing on behalf of the informant.

                            2.    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 4-7-2025 in A.B.P. No. 1185 of 2025 passed by the

                   learned 1st Additional Sessions Judge-cum-Special Judge

                   S.C./S.T. (POA) Act, Siwan in connection with G.B. Ngar P.S.

                   Case No. 148 of 2025 registered for the offences punishable
Patna High Court CR. APP (SJ) No.3381 of 2025(5) dt.09-04-2026
                                             2/4




          under Sections 126(2), 115(2),118, 109, 303(2), 352, 351(2) and

          3(5) of BNS as well as Sections 3(1)(r)(s), 3(2)(va) of the

          SC/ST Act.

                    3.    In compliance of the order dated 2-4-2026, the

          Investigating Officer of the case is present in the Court.

                    4.    Learned counsel for the appellant submits that the

          appellant is a person with clean antecedent and the informant

          alleges that her son Vivek on 5-4-2025 at 10 pm had gone to see

          a fair when he was dashed by the appellant and Parmeshwar by

          motorcycle, on account of which an altercation took place and

          appellant by an iron rod assaulted Vivek causing injury on head

          and thereafter assaulted her son’s friend by rod causing injury

          on hand and accused persons abused by taking caste name and

          took out Rs. 5,000/- from the pocket of her son.

                    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

          informant is not an eyewitness to the occurrence nor the FIR

          even remotely suggests that the allegations have been alleged

          based on the information given by the injured. It is also

          submitted that from perusal of the report of the doctor, it would
Patna High Court CR. APP (SJ) No.3381 of 2025(5) dt.09-04-2026
                                             3/4




          manifest that doctor has recorded that the injury was due to self

          trauma, i.e., the injured might have met with an accident on

          account of which injury was caused, but then the informant for

          reasons best known implicated the appellant and other accused

          persons with the aforesaid allegations.

                    6.    Learned Spl. P.P. for the State and the learned

          counsel appearing on behalf of the informant opposes the prayer

          for anticipatory bail of the appellant.

                    7.    On query of the court from the Investigating

          Officer of the case with regard to the injury suffered by the

          injured, the Investigating Officer fairly submits that doctor in

          his report has recorded that the injuries are self trauma, thus it is

          submitted that as per doctor, the injury was not caused on

          account of assault.

                    8.    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.
              Patna High Court CR. APP (SJ) No.3381 of 2025(5) dt.09-04-2026
                                                           4/4




                                  9.    Accordingly, the impugned order is set aside and

                        the appeal stands allowed.

                                  10. The personal appearance of the Investigating

                        Officer of the case is dispensed with.



                                                   (Satyavrat Verma, J)
Sumit/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.