Patna High Court
Amit Ranjan TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the specific accusations, seriousness of injuries, and the petitioner’s criminal antecedents precluded its grant.
Summary
The petitioner, Amit Ranjan Tiwari, applied for anticipatory bail fearing arrest in a case alleging assault with a lathi on the son of an informant, under several sections of the B.N.S. He claimed innocence, asserting the case was fabricated due to an old land dispute. The State opposed the bail, highlighting the specific accusations, the grievous injuries inflicted, and the petitioner’s two prior criminal records. The court examined the seriousness of the charges, the direct nature of the allegations, and the petitioner’s antecedents. Concluding that these factors outweighed the grounds for anticipatory bail, the court rejected the petitioner's prayer. Consequently, the anticipatory bail was denied.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the specific and serious nature of the accusations
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail
Legislation cited
- B.N.S. — s. 109, 115, 117, 118, 126, 3, 352, 74
Subjects
- anticipatory bail
- criminal antecedents
- assault
- grievous injury
- land dispute
- false case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1106 of 2026
Arising Out of PS. Case No.-425 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Amit Ranjan Tiwari Son of Ramdev Tiwari Village -Champapur PS
-Ramgarhwa, Dist- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Amit Kumar, Advocate
For the State : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 117(2), 109, 74, 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with co-accused Sujeet Tiwari, repeatedly
assaulted son of informant with lathi.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. On account of old land dispute, this false
and concocted case has been lodged. Allegation of assault is
general and omnibus.
Patna High Court CR. MISC. No.1106 of 2026(2) dt.28-01-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that he, along with co-accused Sujeet
Tiwari, assaulted son of informant with lathi due to which he
sustained grievous injuries. Petitioner has got two criminal
antecedents.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, nature of injuries
sustained by the injured and criminal antecedents of the
petitioner, the prayer for grant of anticipatory bail to the
petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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