Patna High Court
Prashant TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to specified conditions.
Summary
Petitioner Prashant Tiwari sought anticipatory bail in a criminal case (PS No. 164 of 2025) alleging his involvement in assaulting the informant's parents. He claimed innocence, a clean antecedent, and that the alleged assault caused no grievous injury. The State opposed the bail, but the court noted that co‑accused had already been granted anticipatory bail, the injury was not serious, and the petitioner had no prior record. Considering these factors, the court inclined to grant anticipatory bail subject to conditions. The order directed the petitioner to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, cooperate with the investigation, and submit to verification of his antecedent.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- section 482
- assault
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17602 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- RAJPUR District- Rohtas
======================================================
Prashant Tiwari S/O Gupteshwar Tiwari R/O Vill.- Nachaniya, P.O.-
Rajandih, P.S.- Rajpur, Dist.- Rohatas, Rajandih, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anupam Bahadur, Adv
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
For the Informant : Mr. Sudhanshu Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rajpur P.S. Case No. 164 of 2025, registered for the
offence punishable under Sections 126(2), 115(2), 118(1),
117(2), 74, 352, 351(2), 3(5) of BNS.
3. As per allegation, the petitioner along with other
co-accused persons brutally assaulted the mother-in-law and the
father-in-law of the informant. When the informant’ husband
intervened, the father of the petitioner wrapped a muffler around
his neck and tried to strangle him.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
Patna High Court CR. MISC. No.17602 of 2026(2) dt.25-03-2026
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falsely been implication in the present case. He is a person of
clean antecedent. There is land dispute between the parties. He
further submits that the co-accused persons have already been
granted anticipatory bail by the court below.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that co-accused persons have
already been granted anticipatory bail by the court below and
taking into account the fact that although the allegation is on the
petitioner of having assaulted the informant but the same has not
resulted in any grievous injury as recorded in the impugned
order and also the fact that the petitioner has no criminal
antecedent, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned 2nd District & Additional
Sessions Judge, Bikramganj in connection with Rajpur P.S. Case
No. 164 of 2025, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Patna High Court CR. MISC. No.17602 of 2026(2) dt.25-03-2026
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and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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