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Patna High Court

Ramanuj TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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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