Patna High Court
Nirbhay Tiwari @ Nirbhay Kumar TiwariversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118, 126(2), 303(2), 3(5), 351(2), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 14-A(2), 3(1)(r)(s), 3(2)(va)
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
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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
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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.
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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
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