Patna High Court
Vishal TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to a condition for possible cancellation.
Summary
Vishal Tiwari applied for regular bail in a case registered under sections 310(4), 310(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that the accused attempted to escape, and that an illegal firearm, a live cartridge and a mobile phone were recovered from his possession. The petitioner contended that he was falsely implicated and that no incriminating article was actually found on him, having been in custody since 13‑12‑2025. After hearing both sides, the Court considered the allegations in the FIR and the length of custody, and ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to a condition that bail may be cancelled if he is later found to be accused in another case. The bail order was directed to be satisfied before the Judicial Magistrate of Saran.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita and the Arms Act despite the prosecution's allegations of possession of an illegal firearm.
- Whether the petitioner’s claim of false implication and lack of incriminating material warrants bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(4), 310(5), 3(5)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- illegal firearm
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14126 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- DERNI BAZAR District- Saran
======================================================
Vishal Tiwari Son of Late Surendra Tiwari @ Late Munna Tiwari Resident of
Village - Dighwara, Police Station - Dighwara, District - Saran at present
Village - Brahampur, P.S.- Bhagwan Bazar, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mani Shankar Mishra, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Derni Bazar P.S. Case
no.283 of 2025 registered under sections 310(4), 310(5) and
3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)
(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, it is stated that seeing
the police personnel, the accused persons attempted to escape
but five of them were caught by the police personnel. On search,
an illegal firearm, a live cartridge and mobile phone was
recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession. He
is in custody since 13.12.2025 and undertakes to cooperate in
Patna High Court CR. MISC. No.14126 of 2026(2) dt.12-03-2026
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the investigation/trial. He is accused in only one case as
mentioned in paragraph no.3 of the petition.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR together with the petitioner having remained in custody
since 13.12.2025, the Court directs the petitioner to be enlarged
on bail in connection with Derni Bazar P.S. Case no.283 of 2025
on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Saran, Chapra on the
following condition:
(i) In case it subsequently transpires that the petitioner
is accused in any other case besides the FIR of Sidhwaliya P.S.
Case no.154 of 2023 which finds mention in paragraph no.3 of
the petition, the prosecution will be at liberty to move this Court
for cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Saurabh/-
U T
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