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Patna High Court

Chhotu TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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