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Patna High Court

Nawal Kishor TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to a bond of Rs.10,000 each with two sureties and compliance with conditions under Section 482(2) of BNSS, 2023.

Summary

The petitioners, Nawal Kishor Tiwari and his wife Lalita Devi, applied for bail in connection with PS Case No. 688 of 2025, registered under Section 96 of the Bihar Negotiable Substances Act (BNS), 2023. The prosecution alleged that the petitioners aided their son Rohit Tiwari in enticing away a minor sister of an informant and in stealing Rs. 80,000 and ornaments worth Rs. 3 lakh. The petitioners contended that the allegations were false, that the minor had voluntarily eloped with Rohit, and that the victim’s statement under Sections 180 and 183 of the Bihar Narcotic Substances Act (BNSS) made no accusation against them. The State opposed the bail application, insisting on the seriousness of the charges. Considering the doubtful nature of the allegations, the clean antecedents of the petitioners, and the possibility of false implication, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of BNSS, 2023. The order also required the petitioners to appear as directed by the trial court.

Issues considered

  • Whether the petitioners are entitled to bail pending trial in a case registered under Section 96 of BNS, 2023.
  • Whether the allegations against the petitioners constitute sufficient ground for their arrest.
  • Whether the victim’s statement under Sections 180 and 183 of BNSS, 2023 negates any involvement of the petitioners.
  • Application of Section 482(2) of BNSS, 2023 in granting bail.

Legislation cited

Subjects

  • bail
  • false implication
  • elopement
  • minor
  • theft
  • criminal procedure
  • Section 96
  • Section 180
  • Section 183
  • Section 482(2)
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16225 of 2026
                  Arising Out of PS. Case No.-688 Year-2025 Thana- DAUDNAGAR District- Aurangabad
                 ======================================================
           1.     Nawal Kishor Tiwari S/O Late Gurunarayan Tiwari
           2.    Lalita Devi W/O Nawal Kishor Tiwari
                 Both are R/O Village- Bhakhruwan, Tiwari Mohalla, P.S- Daudnagar, Distt.-
                 Aurangabad.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr.Uma Shankar Prasad Singh,, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   06-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. In the present case, the petitioners are apprehending

                   their arrest in connection with Daudnagar P.S. Case No. 688 of

                   2025 registered under Section 96 of BNS, 2023.

                                3. As per prosecution case, the minor sister of the

                   informant was enticed away by co-accused Rohit Tiwari with

                   the help of the petitioners and other co-accused persons. Further

                   allegation is that the co-accused with the help of the petitioners

                   also took away Rs. 80,000/- and ornaments worth Rs. 3 lacs

                   from the house of the informant.

                                4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.16225 of 2026(2) dt.06-04-2026
                                            2/3




          petitioners are innocent and have falsely been implicated in this

          case. The petitioners are parents of co-accused Rohit Tiwari and

          the allegation against the petitioners is not believable that they

          helped the co-accused son for taking away the minor sister of

          the informant. The specific allegation of enticing away the

          minor sister of the informant is against co-accused and it

          appears to be a case of elopement. The statement of victim girl

          under Sections 180 and 183 of BNSS was recorded wherein she

          had not made any allegation against the petitioners, rather she

          stated that she went on her own with co-accused Rohit Tiwari

          and his family members have no hand in the same. The co-

          accused Rohit Tiwari is already in custody since 02.12.2025.

          There is no involvement of the petitioners in the whole

          occurrence. The petitioners are having clean antecedents.

                       5. Learned APP vehemently opposes the submission

          made on behalf of the petitioners.

                         6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          doubtful nature of allegation against the petitioners and further

          considering the possibility of false implication and also

          considering the clean antecedents of the petitioners, let the

          petitioners above named, in the event of their arrest or surrender
           Patna High Court CR. MISC. No.16225 of 2026(2) dt.06-04-2026
                                                       3/3




                     before the court concerned within a period of eight weeks from

                     today, be released on bail, on furnishing bail bonds of

                     Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties

                     of the like amount each to the satisfaction of learned Sub-

                     Divisional Judicial Magistrate, Daudnagar, Aurangabad, in

                     connection with Daudnagar P.S. Case No. 688 of 2025, subject

                     to the condition as laid down under Section 482(2) of the BNSS,

                     2023 and other following conditions:

                                   (i) One of the bailors will be a close relative of

                                   the petitioners.

                                   (ii) The petitioners will remain present on each

                                   and every date fixed by the below, if so required

                                   by the learned trial court.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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