Patna High Court
Sharda Nand TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Regular bail was denied to the petitioner.
Summary
The petitioner, Sharda Nand Tiwari, applied for regular bail in a case registered as PS‑Agiaon Bazar Case No. 65 of 2025, alleging offences under several sections of the Bharatiya Nyaya Sanhita, including murder. The FIR alleges that he struck the informant’s husband with an iron rod, causing death. The petitioner claimed innocence, a clean antecedent, and that he had been in custody since 13‑Nov‑2025. The State opposed the bail, emphasizing the seriousness of the alleged offences. The Court, after hearing both sides, rejected the petition for regular bail, noting the petitioner’s role as the assailant of the deceased, but directed the trial court to expedite the trial within a year. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 126(2), 115(2), 103(1), 352, 351(2), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- regular bail
- murder
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3443 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- AGIAON BAZAR District- Bhojpur
======================================================
Sharda Nand Tiwari S/O Late Bhaiya Ram Tiwari R/O Village - Amehata,
P.S- Agiaon Bazar, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey, Advocate
For the Opposite Party/s : Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Agiaon Bazar P. S. Case No. 65 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 103(1), 352,
351(2), 303(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner hit the husband of
informant with iron rod, causing his death.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
claims clean antecedent and is in custody since 13.11.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that petitioner is assailant of
Patna High Court CR. MISC. No.3443 of 2026(2) dt.13-02-2026
2/2
the deceased, prayer for regular bail of the petitioner is rejected.
7. However, since petitioner is in custody since
13.11.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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