Patna High Court
Vivek TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, finding the application justified.
Summary
Vivek Tiwari was arrested in connection with a case registered under Sections 126(2), 118(1), 109(1), 351(3), 352 read with Section 3(5) of the BNS and Section 27 of the Arms Act, alleging assault and firing on a victim. The petitioner claimed he was falsely implicated, stating that his name does not appear in the FIR and that the alleged bullet was accidentally fired by the victim himself. He further alleged that the false accusation was made by his father‑in‑law. The petitioner had been in custody since 15 May 2026 and sought bail. The Court, after hearing counsel, found the petitioner's contentions credible and allowed the bail application, directing his release on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of the Criminal Procedure Code in view of the allegations of false implication and the nature of the offences.
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- assault
- Arms Act
- section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45614 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- Sinha District- Bhojpur
======================================================
Vivek Tiwari S/O Sanjay Tiwari R/O Village- Bhatgain, P.O- Bhatgain, P.S-
Taraiya, Distt.- Saran at Chapra, PIN Code- 841424.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sinha P.S. Case No. 19 of 2026 registered for the offence under
Sections 126(2), 118(1), 109(1), 351(3), 352 read with Section
3(5) of the BNS and under Section 27 of the Arms Act.
3. As per the prosecution case, the accused persons
are alleged to have assaulted and fired upon the victim causing
injuries to him.
4. The petitioner is in custody since 15.05.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the petitioner is not named in the
FIR and during investigation, it has come that the petitioner is
Patna High Court CR. MISC. No.45614 of 2026(2) dt.09-07-2026
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not the assailant of the of the injured and has falsely been
implicated by his father-in-law. He next submits that the bullet
was fired mistakenly by the injured and by the same, he was
injured.
6. Considering the aforesaid facts, this application
is allowed.
7. 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 concerned Court below in connection with Sinha P.S. Case
No. 19 of 2026.
(Sandeep Kumar, J)
Vikas/-
U
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