Patna High Court
Ramanuj TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, finding the injuries simple and the case rooted in a land dispute.
Summary
The petitioners, five members of the Tiwari family, applied for anticipatory bail in a case (Police Station No.414 of 2025) alleging assault on an informant and others, with offences under several sections of the BNS, 2023. The prosecution alleged that Prakash and Prabhat Tiwari assaulted the informant and caused grievous injuries to two other persons. The petitioners contended that they were falsely implicated due to an ongoing land dispute and a prior case filed by the informant, asserting that the injuries were simple and they had no criminal antecedent. The Court noted the agnatic relationship between the parties, the background of the land dispute, and the nature of the injuries, which were described as mere chest pain. Consequently, the Court granted anticipatory bail, directing the petitioners to surrender within four weeks and furnish a bail bond with sureties. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNS, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in view of the alleged offences.
- Whether the nature of injuries and the background land dispute justify granting bail.
Legislation cited
- Bihar Non‑Specific Act (BNS), 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- anticipatory bail
- section 438 CrPC
- section 482 CrPC
- land dispute
- assault
- injury
- BNS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29380 of 2026
Arising Out of PS. Case No.-414 Year-2025 Thana- RIVILGANJ District- Saran
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1. Ramanuj Tiwari S/o Banka Tiwari @ Banke Tiwari R/o vill - Tiwari Tola
Revilganj, P.S - Revulganj, District - Chapra, Saran
2. Mukesh Tiwari S/o Banka Tiwari @ Banke Tiwari R/o vill - Tiwari Tola
Revilganj, P.S - Revulganj, District - Chapra, Saran
3. Sandeep Tiwari S/o Banka Tiwari @ Banke Tiwari R/o vill - Tiwari Tola
Revilganj, P.S - Revulganj, District - Chapra, Saran
4. Prakash Tiwari S/o Ramanuj Tiwari R/o vill - Tiwari Tola Revilganj, P.S -
Revulganj, District - Chapra, Saran
5. Prabhat @ Prabhat Tiwari @ Sudhanshu Tiwari S/o Ramanuj Tiwari R/o vill
- Tiwari Tola Revilganj, P.S - Revulganj, District - Chapra, Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Murari Mishra
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Revilganj Police Station Case No. 414 of 2025,
disclosing offences under Sections 126(2), 115(2), 118(1),
109(1), 352, 3(5) of the BNS, 2023.
3. The prosecution case, in short, is that the
informant, Brij Mohan Tiwari, was allegedly assaulted by
Prakash Tiwari and Prabhat near the house of petitioner no. 1
Patna High Court CR. MISC. No.29380 of 2026(2) dt.07-05-2026
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while going to the market. When other persons intervened to
rescue him, the accused persons allegedly assaulted them with
lathi, rod and sharp-edged weapons, causing grievous injuries,
including head fractures, to Raj Kishore Tiwari and Abhishek
Tiwari.
4. Learned Counsel for the petitioners submits that
the petitioner has falsely been implicated in the present case
with mala fide intention arising out of a land dispute between
the parties, who are own gotias (agnates). It is next submitted
that prior to institution of the present case, the informant side
had allegedly assaulted petitioner no. 5 with a knife, pursuant to
which Revilganj P.S. Case No. 413 of 2025 was instituted
against the informant side, and the present case has been filed as
a counterblast to the said case. It is further submitted that
Partition Suit No. 353 of 2025 filed by petitioner no. 1 is
pending before the learned Sub-Judge-I, Chapra, Saran, and due
to the said dispute, altercation took place between both sides in
which injuries were sustained by both parties. Injuries caused to
the victim are simple in nature. Petitioners are having no
criminal antecedent.
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that both the
Patna High Court CR. MISC. No.29380 of 2026(2) dt.07-05-2026
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parties are agnates having previous land dispute, case and
counter case is there, injuries sustained by the victims are simple
in nature and the injury of the informant though has been
reserved but as per the injury report of the informant, it appears
to be chest pain, accordingly, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, 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 learned Chief Judicial Magistrate,
Saran at Chapra, in connection with Revilganj Police Station
Case No. 414 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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