Patna High Court
SATYANARAYAN TIWARI @ SATYA NARAIN TIWARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 309(4)
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
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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
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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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