Patna High Court
Bhulawan Tiwari @ Mansha TiwariversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Anticipatory bail was denied as the injury report supported the prosecution's allegations.
Summary
The petitioner, Bhulawan Tiwari, sought anticipatory bail fearing arrest in a case alleging assault and stabbing of an informant and another person. The prosecution alleged that the petitioner attacked the informant with a lathi and a knife, causing a waist wound, and also injured Shivshanker Mahto. The petitioner contended that he was falsely implicated, no weapon was recovered from his possession, and he has a clean antecedent. The State opposed bail, emphasizing the injury report that corroborated the assault and the seriousness of the offences under the BNS, 2023. After reviewing the FIR, injury report, and the impugned order, the Court found the evidence sufficient to deny anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances.
- Whether the allegations of assault and stabbing are substantiated by the injury report.
- Whether the lack of recovered weapon negates the charge against the petitioner.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- false implication
- assault
- knife injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5244 of 2026
Arising Out of PS. Case No.-375 Year-2025 Thana- GORIAKOTHI District- Siwan
======================================================
Bhulawan Tiwari @ Mansha Tiwari, aged about 19 years, Gender-Male, S/o
Rajmangal Tiwari, Resident of Village - Saidpura, P.S - Goriyakothi, District
- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aakash Choudhary, Advocate
For the Opposite Party/s : Mr. Dharmendra Prasad, Advocate
For the Informant : Mr. Shailesh Kumar, Advocate
Mr. Sushil Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(2), 109, 351(2), 352 and 3(5) of the BNS, 2023.
3. The allegation against the petitioner is that he
assaulted the informant by means of lathi, danda and rod and
during course of fighting, petitioner took out a knife from his
pocket and stabbed the informant in the middle of his waist and
one Shivshanker Mahto also sustained injury on his left
shoulder and both persons were injured.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.5244 of 2026(2) dt.17-02-2026
2/2
petitioner has falsely been implicated in this case. He next
submits that nothing has been recovered from the conscious
possession of the petitioner, so his participation in the alleged
occurrence is not believable. Petitioner has got clean antecedent
as stated in para-3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner and submits that petitioner has
assaulted the informant along with other members and during
course of fighting, petitioner took out a knife from his pocket
and stabbed the informant in the middle of his waist.
6. On perusal of the first information report, injury
report and impugned order dated 16.12.2025, it appears from the
injury report that the injury sustained by the injured is incised
wound on the left shoulder joint 1”x1/2”x1/2” and, thus, the
injury report supports the allegation against the petitioner, so I
am not inclined to grant bail to the petitioner.
7.Accordingly, the prayer for anticipatory bail of the
petitioner is hereby rejected.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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