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Patna High Court

SATYANARAYAN TIWARI @ SATYA NARAIN TIWARIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs 10,000 and specified conditions.

Summary

Satyanarayan Tiwari was arrested on 27‑12‑2025 in connection with a robbery case (PS‑468/2025) and charged under Section 309(4) of the Bihar Narcotic Substances Act, 2023. The prosecution alleges that three miscreants robbed an informant, and the petitioner’s name was added to the FIR based solely on the confessional statement of his son, Lala Tiwari, after a two‑day delay in filing the FIR. The petitioner contended that he was falsely implicated, there was no other material linking him to the crime, and the delay was unexplained. The State highlighted the petitioner’s four prior criminal antecedents, though he was already on bail in three cases and one case was pending. The High Court, after considering the lack of substantive evidence and the petitioner’s cooperation, granted bail on a Rs 10,000 bond with two sureties, subject to conditions regarding appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offence under Section 309(4) of the Bihar Narcotic Substances Act, 2023.
  • Whether the delay in filing the FIR and the reliance on a co‑accused’s confessional statement justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents warrant refusal of bail.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • delay in FIR
  • confessional statement
  • Section 309(4)
  • Bihar
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26247 of 2026
                     Arising Out of PS. Case No.-468 Year-2025 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Satyanarayan Tiwari @ Satya Narain Tiwari Son of Late Deo Narayan Tiwari
                 Resident of Village - Posdaha, Ward No.- 06, P.S.- Fulkaha, District - Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   20-04-2026                    Heard Mr. Vijay Kishore Bharti, learned counsel for

                   the petitioner and Mr. Surendra Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.12.2025 in connection with Narpatganj P.S. Case No. 468 of

                   2025, F.I.R. dated 26.12.2025 for the offences punishable under

                   Sections 309(4) of the BNS, 2023.

                               3. According to prosecution case, three miscreants

                   tied the hands and legs of the informant and took his mobile

                   phone and cash kept in his pocket and fled away with his city

                   Rickshaw.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.26247 of 2026(2) dt.20-04-2026
                                            2/3




          present case. Initially the petitioner was not named in the FIR

          and his name has been transpired during investigation on the

          basis of the confessional statement of the co-accused, namely,

          Lala Tiwari who happens to be the son of the petitioner. Apart

          from that it appears from the FIR that the date of occurrence is

          24.12.2025 but the present FIR has been instituted on

          26.12.2025 i.e., after two days without giving any explanation

          of the said delay and except the aforesaid, no other material has

          come during investigation which suggest the involvement of the

          petitioner in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 27.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries four criminal antecedents other

          than the present one but fairly submits that he is on bail in three

          cases and one case is pending for consideration before the

          competent court of law.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 CJM,
            Patna High Court CR. MISC. No.26247 of 2026(2) dt.20-04-2026
                                                        3/3




                      Araria in connection with Narpatganj P.S. Case No. 468 of

                      2025, subject to the following conditions:-

                                   i. Petitioner 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 his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage 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, 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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