Patna High Court
Kush TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond and specified conditions.
Summary
Kush Tiwari and his son Amar Tiwari were arrested on 1 January 2026 in connection with FIR No. 402 of 2025, which alleged offences under Sections 329(4), 115(2), 117(2), 109, 352, 351(3) and 3(5) of the B.N.S., 2023, primarily for assaulting the son of an informant. The petitioners contended that they have clean antecedents and that the FIR contains only a generic allegation against all accused, with a specific charge against only the first petitioner. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the nature of the alleged injury, the relationship between the parties, and the lack of a specific overt act attributed to the second petitioner. Considering the circumstances, the Court granted bail to both petitioners on a bond of Rs. 10,000 each with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged in the FIR
- Whether the generic nature of the FIR and the petitioners' clean antecedents justify bail
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 329(4), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- FIR
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18483 of 2026
Arising Out of PS. Case No.-402 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
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1. Kush Tiwari Son of Late Ramji Tiwari Resident of village - Samardiha, P.S.-
Sasaram (Muffasil), District - Rohtas.
2. Amar Tiwari Son of Kush Tiwari Resident of village - Samardiha, P.S.-
Sasaram (Muffasil), District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad, Advocate
For the State : Mrs. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Babu Nandan Prasad, learned counsel for
the petitioners and Mrs. Asha Kumari, learned APP for the State.
2. Petitioners seek bail, who are in custody since
01.01.2026, in connection with Sasaram (Muffasil) P.S. Case
No. 402 of 2025, F.I.R. dated 31.12.2025 registered for the
offences punishable under Sections 329(4), 115(2), 117(2), 109,
352, 351(3), 3(5) of the B.N.S., 2023.
3. Allegation against the petitioners is that they have
assaulted the son of the informant due to which he sustained
injuries.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
Patna High Court CR. MISC. No.18483 of 2026(2) dt.24-03-2026
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implicated in the present case. He further submits that although
the petitioners are named in the F.I.R. but from perusal of the
F.I.R. it appears that the F.I.R. is in two parts, in first part, there
is no specific allegation of any assault or overt act attributed
against these petitioners rather there is general and omnibus
allegation against all the accused persons including these
petitioners and in the second part, there is specific allegation
against the petitioner no. 1 that he has assaulted the son of the
informant. Although the son of the informant has received injury
but the injury report of the informant suggests that the injury is
simple in nature caused by hard and blunt substance and both
the parties are agnates to each other and there is case and
counter case between the parties. The petitioners are in custody
since 01.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the
case, let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Rohtas, Sasaram in
Patna High Court CR. MISC. No.18483 of 2026(2) dt.24-03-2026
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connection with Sasaram (Muffasil) P.S. Case No. 402 of 2025,
subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
Ibrar//- (Rajesh Kumar Verma, J)
U T
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