Patna High Court
Chhotu TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the petitioner's application for regular bail.
Summary
Chhotu Tiwari was arrested in connection with a case alleging that he and others fired on the son of an informant, charged under Sections 329(3), 118(1), 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the injury was caused by a hard blunt object, not a firearm, and highlighted his clean antecedents and custody since 30‑01‑2026. The State opposed bail. Considering the facts, the court found no compelling reason to keep the petitioner in custody and granted regular bail on a bond of Rs.10,000 with two sureties. The order was limited to bail considerations and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the prosecution has established that the injury was caused by a firearm
- Whether the petitioner’s custody period, clean antecedents, and the nature of the offence justify granting bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 118(1), 329(3), 3(5)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 27
- criminal procedure
- bail jurisprudence
- injury evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21997 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- Ramdas Rai Ka Dera District- Buxar
======================================================
Chhotu Tiwari S/O Mahesh Tiwari R/O Village- Rajpur Benilal ke Dera, P.S.-
Ramdas Rai ke Dera, Dist.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ramdas Rai Ka Dera P.S. Case No. 07 of 2026 registered for the
offence under Section(s) 329(3), 118(1), 109, and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and
others are accused of firing upon the son of the informant.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 30.01.2026 and claims clean
antecedent. It is further submitted that from the perusal of the
impugned order, it will appear that the injury has been caused by
hard and blunt substance and is not attributable to a firearm.
Patna High Court CR. MISC. No.21997 of 2026(2) dt.08-04-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Ramdas Rai Ka
Dera P.S. Case No. 07 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.