Patna High Court
Shashi Kant TiwaryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to both petitioners subject to a bail bond and surety conditions.
Summary
The petitioners, Shashi Kant Tiwary and Chandan Tiwary, applied for anticipatory bail fearing arrest in connection with FIR No. 170 of 2022, which alleged offences under IPC sections 307, 147, 148, 149, 341, 323, 324 and Arms Act section 27. The prosecution claimed the petitioners were among twelve accused who assaulted the informant, while the petitioners contended they were falsely implicated, that the assault charge pertained to other co‑accused, and that they have no criminal antecedent. The court noted the absence of any specific allegation of an overt act by the petitioners, the existence of a case‑and‑counter‑case, and their clean record. Considering these factors, the court ordered that, if arrested or if they surrender within four weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Chief Judicial Magistrate‑VII, Bhojpur. The order thus grants anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging serious offences.
- Whether the FIR contains sufficient basis to deny anticipatory bail in the absence of an overt act by the petitioners.
- Whether the petitioners' claim of false implication and lack of criminal antecedent merit the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341
Subjects
- anticipatory bail
- false implication
- IPC
- Arms Act
- criminal antecedent
- bail bond
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3871 of 2026
Arising Out of PS. Case No.-170 Year-2022 Thana- ARA MUFFSIL District- Bhojpur
======================================================
1. Shashi Kant Tiwary S/o- Surendra Tiwary Resident of Village- Chitkundi,
P.S. Arrah Musffasil, District.- Bhojpur
2. Chandan Tiwary @ Ranjeet Kumar Tiwary S/o- Surendra Tiwary Resident
of Village- Chitkundi, P.S. Arrah Musffasil, District.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Verma, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Arrah Muffasil P.S. Case no. 170 of 2022 registered under
sections 307, 147, 148, 149, 341, 323 and 324 of the Indian
Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that the 12 named accused persons including the two petitioners
herein came variously armed and assaulted the informant, his
Patna High Court CR. MISC. No.3871 of 2026(2) dt.28-01-2026
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son and other persons as mentioned in the FIR.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. Allegation
of assault is specific on seven named co-accused persons and
not the two petitioners herein. There is case and counter case
between the parties and the correct manner of occurrence has
been given in the counter case, FIR of which is Annexure-P/2 to
the petition. The petitioners have no criminal antecedent and
undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the F.I.R., there being no allegation of overt act against these
two petitioners, the case and counter case between the parties
and the petitioners not having any criminal antecedent, it is
directed that both the petitioners above named, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Arrah Muffasil P.S. Case no. 170 of 2022 on
each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
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satisfaction of the learned Additional Chief Judicial Magistrate-
VII, Bhojpur at Arrah.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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