Patna High Court
Anil TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Anil Tiwari and Sonu Choudhary, sought anticipatory bail fearing arrest in a case (Baghaila P.S. Case No. 15 of 2026) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault, kidnapping and threats. The prosecution alleged that the petitioners, along with others, entered an informant's house, assaulted the family and abducted Om Prakash, threatening to shoot him. The petitioners contended they were falsely implicated, that the allegations were vague and omnibus, and that a medical report showed only minor injuries; they also pointed to a counter‑case they had filed against the informant. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with several conditions including cooperation with the trial and non‑tampering with evidence, invoking Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
- Whether the petitioners' prior criminal cases affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 190, 191(2), 333, 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29168 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- BADHAILA District- Rohtas
======================================================
1. Anil Tiwari, S/o Late Dharmraj Tiwari, R/o Village - Suara, P.S. - Baghaila,
Dist. - Rohtas at Sasaram.
2. Sonu Choudhary @ Prince Kumar, S/o of Dharmendra Choudhary, R/o
Village - Suara, P.S. - Baghaila, Dist. - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection with
Baghaila P.S. Case No. 15 of 2026 dated 26.01.2026, instituted
for the offence punishable under Sections 191(2), 190, 126(2),
115(2), 74, 333, 352, 351(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that on
25.01.2026 at about 04:00 pm, the petitioners along with other
accused persons entered in the house of informant and assaulted
her and her family members. It is further alleged that the
petitioners took away Om Prakash from his house and assaulted
Patna High Court CR. MISC. No.29168 of 2026(2) dt.06-05-2026
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him as well as threatened to shoot him within 3-4 days.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
this case. It is further submitted that there is a case and counter
case between the parties. The counter case has been lodged by
petitioner no. 1 against the informant and others. It is next
submitted that there is no specific allegation against the
petitioners rather the allegation levelled against the petitioners
are general and omnibus in nature. Learned counsel further
submitted that the doctor has examined the said Om Prakash
after lapse of six days and found his injuries to be simple in
nature. Lastly, it has been submitted that petitioners have two
criminal cases each against them.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioners.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioners within a period
of six weeks from today, in connection with Baghaila P.S. Case
No. 15 of 2026, they shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.29168 of 2026(2) dt.06-05-2026
3/3
S.D.J.M., Rohtas at Sasaram, subject to condition as laid down
under Section 482(2) of the B.N.S.S as also to the following
conditions:-
1. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation,
preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will
inform the court concerned if the petitioner is made accused in
any other case of similar nature after his release in the present
case and thereafter the court below will be at liberty to initiate
the proceeding for cancellation of bail on ground of misuse.
4. 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.
(Khatim Reza, J)
Sankalp/-
U T
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