Patna High Court
Nawal Kishor TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Narcotic Substances Act — s. 180, 183, 482(2)
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
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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
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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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