Patna High Court
Dinanath TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated bond and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, three brothers from Rohtas district, were implicated in a criminal case (Natwar PS Case No. 73 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, stemming from a land‑dispute‑related altercation on 9‑April‑2025. They contended that the allegations were false, that the informant’s claim was merely ornamental, and that they have clean antecedents. Their counsel sought anticipatory bail, arguing that the accusations were unsubstantiated and that the petitioners were unlikely to flee or tamper with evidence. The State opposed the bail, maintaining that the offences were serious and warranted arrest. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nyaya Sanhita. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the alleged offences
- Whether the allegations against the petitioners constitute a sufficient ground for arrest
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 127(1), 189(2), 303(2), 351(1), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- land dispute
- false implication
- criminal procedure
- cognizable offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17043 of 2026
Arising Out of PS. Case No.-73 Year-2025 Thana- NATWAR District- Rohtas
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1. Dinanath Tiwari S/o Late Sidnath Tiwari R/o Village - Karmaini, P.S -
Natwar, District - Rohtas
2. Ram Nath Tiwari S/o Late Sidnath Tiwari R/o Village - Karmaini, P.S -
Natwar, District - Rohtas
3. Harendra Tiwari S/o Late Sidnath Tiwari R/o Village - Karmaini, P.S -
Natwar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarendra Kumar
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 189(2),
127(1), 115(2), 118(1), 109, 303(2), 352, 351(1) of the
Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that on account of previous land dispute, the petitioners
along with two unknown accused came on 9-4-2025 at 4:30 pm
and Ram Nath (petitioner No. 2) assaulted him by gadasa
Patna High Court CR. MISC. No.17043 of 2026(2) dt.09-04-2026
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causing injury on head, while Denanath (petitioner No. 1)
snatched his chain and accused fled and the informant was taken
to hospital.
4. Learned counsel for the petitioners submits that
petitioners are own brothers and have been falsely implicated in
the instant case by the informant. It is next submitted that on
account of dispute relating to land, an altercation took place in
which both sides assaulted each other. It is further submitted
that even presuming what has been alleged is true without
admitting then no specific allegation is alleged against petitioner
no. 3 and as far as Denanath is concerned, the allegation against
him is ornamental and the allegation against petitioner no. 2,
i.e., Ram Nath Tiwari, is of assaulting the informant by gadasa
causing injury on head, but then the blow is not alleged to be
repeated and the injury suffered by the informant has been
opined to be simple in nature. It is next submitted that from the
side of the petitioner, Natwar PS Case No. 74 of 2025 has been
instituted against the informant and his side. It is also submitted
that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.17043 of 2026(2) dt.09-04-2026
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counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Natwar P.S. Case No. 73 of 2025, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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