Patna High Court
Bablu TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Bablu Tiwari was arrested in connection with a case alleging that he, along with a large group, assaulted an informant and later fired at him, causing a leg injury. The petitioner sought bail, claiming innocence and arguing that the medical report did not support the alleged firearm injury. The prosecution opposed bail, emphasizing the specific allegation of firing and the petitioner’s prior criminal antecedents. The court examined the seriousness of the charges under the Bharatiya Nyay Sanhita, 2023 and the Arms Act, but found no compelling reason to keep the petitioner in custody. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail despite charges of assault, attempted murder, and violation of the Arms Act.
- Whether the medical evidence undermines the prosecution’s allegation of firearm injury.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(3)
Subjects
- bail
- criminal procedure
- assault
- firearm injury
- Bharatiya Nyay Sanhita
- Arms Act
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36642 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- Sarai P.S. District- Siwan
======================================================
Bablu Tiwari S/o Vibhuti Tiwari @ Bhabhuti Tiwari R/o Village- Papaur, P.S-
Sarai, Dist- Siwan, Bihar.
... ... 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. Nand Kumar, APP
For the Informant : Mr. Satyendra Rai, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-06-2026 Heard Mr. Prashant Kumar, learned counsel for the
petitioner, Mr. Satyendra Rai, learned counsel for the Informant
as well as Mr. Nand Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.03.2026 in connection with Sarai P.S. Case No. 80 of 2026,
F.I.R. dated 06.03.2026 for the offences punishable under
Sections 126(2), 115(2), 109, 118(2), 351(3) and 3(5) of the
Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 04.03.2026 at 04.00 P.M, the petitioner along
with 30-40 persons came at the darwaza of the informant and
Patna High Court CR. MISC. No.36642 of 2026(2) dt.15-06-2026
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assaulted the informant. Then again at about 6.00 P.M, when
the informant went for nature’s call, the petitioner and two
other accused persons came on a motorcycle and the petitioner
fired upon him due to which he sustained firearm injury on his
right leg.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated. It appears from the FIR that altogether 30-
40 persons arrived at the house of the informant and assaulted
the informant and thereafter the petitioner opened fire at the
informant causing firearm injury to his right leg. He next
submits that from bare perusal of the medical legal report
(Annexure-2) it appears that the allegation as alleged in the FIR
is not supported by the medical evidence. He further submits
that the police after investigation submitted the charge sheet
against the petitioner and the petitioner is in custody since
11.03.2026.
5. The learned Additional Public Prosecutor as well
as learned counsel for the Informant have vehemently opposed
the prayer for bail of the petitioner and submits that there is
direct and specific allegation against the petitioner that he fired
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upon the informant and the informant has received firearm
injury on his leg and apart from that the petitioner carries two
criminal antecedent other than the present one but fairly
submits that petitioner is on bail in one case.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the
learned C.J.M., Siwan in connection with Sarai P.S. Case No.
80 of 2026, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court
and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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