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Patna High Court

Prashant TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        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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