Patna High Court
Chandra Bhushan Tiwari @ Chandra Bhushan TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Chandra Bhushan Tiwari and Arun Kumar Tiwari, were implicated in a violent dispute over a pathway and charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023. They contended that the case was a retaliatory filing linked to a separate case they had lodged, and that the alleged assault by Arun Kumar occurred during a family ceremony and was part of a mutual fight, with no specific allegation against Chandra Bhushan. The petitioners argued they had no criminal antecedent and sought bail. The Additional Public Prosecutor opposed bail. The court, after evaluating the facts, the lack of a specific charge against the first petitioner, the context of the dispute, and the petitioners' clean record, ordered that they be released on bail upon furnishing bonds and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application for bail was therefore allowed.
Issues considered
- Whether bail should be granted to the petitioners accused under Sections 126(2), 115(2), 118(1), 117(2), 109, 303(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the allegations against the petitioners constitute a prima facie case justifying denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- preliminary investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32496 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Chandra Bhushan Tiwari @ Chandra Bhushan Tiwari Son of Late Ramsagar
Tiwari Resident Of Village -Kapia Jagir, Maharajganj, Ps -Maharajganj, Dist
-Siwan
2. Arun Kumar @ Arun Kumar Tiwari son of Late Ramsagar Tiwari Resident
Of Village -Kapia Jagir, Maharajganj, Ps -Maharajganj, Dist -Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prashant Kumar, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend arrest in connection with
Maharajganj P S Case No. 10 of 2026 dated 11.1.2026 instituted
under Sections 126(2), 115(2), 118(1), 117(2), 109, 303(2),
351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the F.I.R., the allegation is that on account
of dispute relating to pathway, the petitioners along with other
co-accused persons abused the informant and assaulted the
informant side. It is alleged that co-accused Darshanand Tiwari
assaulted Madhukar Tiwari, brother of the informant, on his
head. Co-accused Nityanand Tiwari allegedly assaulted
Patna High Court CR. MISC. No.32496 of 2026(2) dt.13-05-2026
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Madhukar Tiwari on his head and left hand by means of a
sword. It is further alleged that petitioner no.2 namely Arun
Tiwari assaulted Dinbandhu Tiwari on his left hand with an iron
rod, whereas co-accused Sachidanand Tiwari allegedly assaulted
the informant on his head with a daab. The prosecution further
alleges that co-accused, namely, Sakuntala Devi, Supriya Devi
and Mira Devi also participated in the occurrence by assaulting
with lathi and rod.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. It is submitted that there is case and counter-
case between the parties and the present case has been instituted
as a counterblast to Maharajganj P.S. Case No. 9 of 2026 lodged
by the brother of the petitioners against the informant and his
family members in which four persons from the side of the
petitioners sustained injuries. It is further submitted that specific
allegation against petitioner no. 2 is that he assaulted Dinbandhu
Tiwari on his left hand by means of an iron rod due to which he
sustained injury. Learned counsel submits that on the alleged
date of occurrence, Shradh ceremony was being performed at
the house of the petitioners after the death of the wife of
petitioner no. 2 and during that period a free fight took place
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between both sides on account of dispute relating to common
pathway. It is next submitted that no specific allegation of
assault has been made against petitioner no. 1. Lastly, it is
submitted that the petitioners have no criminal antecedent.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned ACJM-II, Siwan, in Maharajganj P. S. Case No. 10 of
2026, subject to the conditions laid down in Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita 2023.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
U
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