Patna High Court

Abhishek Kumar TiwariversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Abhishek Kumar Tiwari, sought anticipatory bail fearing arrest in a case registered under several IPC sections for alleged assault using a iron rod and lathi. He contended that he is innocent, that the dispute stems from a long‑standing land conflict between close relatives, and that the allegations are vague with no specific overt act attributed to him. The State and the opposite party opposed the bail, emphasizing the seriousness of the offences. The Court examined the nature of the accusations, the petitioner’s clean antecedent, and the familial context of the dispute. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court allowed anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties. The order was conditioned on compliance with the stipulated bail terms.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the allegations under multiple IPC sections and the surrounding circumstances

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
IPC offences
land dispute
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2444 of 2026
                    Arising Out of PS. Case No.-105 Year-2024 Thana- KOTWA District- East Champaran
                 ======================================================
                 Abhishek Kumar Tiwari Son of Hridya nand Tiwari R/o Village - Bajhiyaur,
                 P.S. - Bhopatpur(Kotwa), Dist. - East Champaran.

                                                                                   ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Vijay Tiwari Son of Late Nawal Kishore Tiwari R/o Village - Bajhiya Kala
                 Ward no. 3, P.S. - Kotwa(Bhopatpur O.P.), Dist. - East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar No. III, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, A.P.P.
                 For the O.P. No. 2       :        Mr. Dharmendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                    Heard learned counsel for the petitioner, opposite

                   party no. 2 and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 341, 323, 324, 307, 354,

                   379, 504, 506/34 of the Indian Penal Code.

                                3. It is alleged that this petitioner along with other

                   F.I.R. named accused persons assaulted informant and his

                   family members by means of farsa, iron rod and lathi.

                                4. It is submitted that petitioner is innocent and has

                   committed no offence. Both parties are close relatives of each

                   other and descendants of common ancestor and due to long

                   standing       land        dispute,     on     the     alleged       date,     an
            Patna High Court CR. MISC. No.2444 of 2026(2) dt.02-02-2026
                                                        2/2




                      altercation took place between them in which both sides

                      inflicted injury on each other. Case and counter case. Allegation

                      of assault is general and omnibus and there is no specific

                      allegation of any overt act against petitioner. Petitioner claims

                      clean antecedent.

                                   5. Learned A.P.P. for the State as well as learned

                      counsel for the opposite party no. 2 vehemently opposed the bail

                      application.

                                   6. Considering backdrop of the case, nature of

                      accusation and clean antecedent, this anticipatory bail is allowed

                      and it is ordered that let the above named petitioner in the event

                      of his arrest/surrender before the court below within a period of

                      eight weeks from today, be enlarged on bail on furnishing bail-

                      bond of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of Additional Chief Judicial

                      Magistrate-XII, Motihari, East Champaran in connection with

                      Kotwa P. S. Case No. 105 of 2024, subject to condition as laid

                      down under Section 482(2) of the Bharatiya Nagarik Suraksha

                      Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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