Patna High Court
Atul Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner, being merely a member of the mob with no specific act attributed to him and no prior criminal antecedent, is entitled to regular bail.
Summary
The petitioner, Atul Kumar Tiwari, was arrested in connection with a mob assault that resulted in the death of Amit Dubey, alleged to have been carried out with lathis, dandas and knives. The prosecution alleged that the petitioner was part of the mob, while the co-accused Ankit Pathak was specifically identified as the one who inflicted the fatal stab wound. The petitioner claimed innocence, arguing that he had no specific role, no prior criminal record, and that the lethal act was solely attributable to the co-accused. The State opposed the grant of regular bail. The High Court, after considering the facts and the lack of direct involvement, ordered the petitioner to be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether regular bail can be granted to an accused under sections 103(1) and 3(5) of the BNS in a murder‑related assault case.
- Whether the petitioner’s alleged participation as a member of the mob, without a specific act of stabbing, warrants denial of bail.
Subjects
- regular bail
- criminal procedure
- sections 103(1) BNS
- section 3(5) BNS
- mob assault
- murder
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3415 of 2026
Arising Out of PS. Case No.-244 Year-2025 Thana- TARAIYA District- Saran
======================================================
Atul Kumar Tiwari, S/O Harendra Tiwari, R/O Vill- Chanchaliya, P.O-
Rajdhani, P.S- Taraiya, Dist- Saran at Chapra- 841424.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1) and
3 (5) of the BNS.
3. The case of the prosecution is that the petitioner
along with other accused persons allegedly arrived at the place
of occurrence armed with ‘lathi’, ‘danda’ and ‘knife’ and
started assaulting the son of the informant, namely, Amit Dubey.
It is further alleged that when the inmates of the informant’s
house raised alarm and attempted to rescue him, the co-accused,
namely, Ankit Pathak inflicted a ‘knife’ blow on the chest of the
informant’s son indiscriminately.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.3415 of 2026(2) dt.06-02-2026
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connection with the present case. It is further submitted that
from the perusal of the order passed by the learned trial Court, it
is clear that as per the post-mortem report, the cause of death is
hemorrhage and shock due to stab injury. It is further submitted
that the specific and overt act of stabbing has been attributed to
co-accused, namely, Ankit Pathak and that the petitioner is
merely a member of the mob without any specific role being
assigned to him. Moreover, the petitioner is languishing in
judicial custody since 10.08.2025 having no criminal
antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Taraiya P.S. Case No. 244 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-13, Saran at Chapra.
(Ashok Kumar Pandey, J)
lata/-
U T
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