Patna High Court
Aashutosh Kumar Tiwari @ Chunnu Kumar @ Aashutosh Kr. TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as the circumstances did not warrant continued detention.
Summary
The petitioner, Aashutosh Kumar Tiwari, was arrested in connection with a case alleging planning of a crime and sale of a looted tractor, with the prosecution alleging recovery of a loaded country-made katta, a live cartridge, a knife and a mobile phone from his possession. He filed a bail application, claiming false implication, stating that no incriminating article was found in his conscious possession and that a T.I.P. had not been conducted. The petitioner disclosed one prior criminal antecedent and had been in custody since 30-05-2025. The State opposed bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The Court considered the facts, the length of custody, and the lack of direct evidence linking the petitioner to the recovered items. Consequently, the Court granted bail on condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedent
- Whether the absence of a T.I.P. and lack of direct recovery of incriminating articles from the petitioner’s conscious possession justify bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 313, 317(2), 317(4), 317(5), 336(3), 338, 340(2), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14005 of 2026
Arising Out of PS. Case No.-165 Year-2025 Thana- AMNAUR District- Saran
======================================================
Aashutosh Kumar Tiwari @ Chunnu Kumar @ Aashutosh Kr. Tiwari S/o
Pawan Tiwari Resident of Village- Hasanpura, P.S.- Madhowrah, Distt.- Saran
at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Amnaur P.S. Case No. 165 of 2025 instituted for the offence
under Sections 313, 317(2), 317(4), 317(5), 338, 336(3), 340(2)
& 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections
25(1-b)a, 26, 35 of the Arms Act.
3. Prosecution case, in short, is that on secret
information, police allegedly found four persons planning to
commit crime and sell a previously looted tractor near
Brahamsthan; on seeing police, two persons fled away and two
were apprehended. It is further alleged that from the possession
Patna High Court CR. MISC. No.14005 of 2026(2) dt.25-02-2026
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of the petitioner, one loaded country-made katta, one live
cartridge, one knife and one mobile phone were allegedly
recovered.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 30-05-2025. Petitioner
bears one criminal antecedent, as per disclosure made in
supplementary affidavit to the present bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. No incriminating article has been recovered from the
conscious possession of the petitioner. Learned counsel further
submitted that T.I.P. has not been conducted till date to ascertain
the involvement of the petitioner in the alleged offence.
Petitioner has no concern with the alleged recovery.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case as also the period of custody of the petitioner, this
Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.14005 of 2026(2) dt.25-02-2026
3/3
below/concerned Court in connection with Amnaur P.S. Case
No. 165 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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