Patna High Court
Sunil Tiwari @ Sunil Kumar TiwariversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is denied to Sunil Tiwari but granted to Saroj Kumar Ojha subject to bond and conditions.
Summary
The Patna High Court heard two bail applications together arising from the same police case (No.295/2024) involving Saroj Kumar Ojha and Sunil Tiwari, who were alleged to have been armed and to have threatened or fired at the informant's son, resulting in death. The prosecution alleged that Sunil Tiwari fired indiscriminately, causing four firearm injuries and the victim's death, while Saroj Ojha was only alleged to have threatened and was not directly accused of firing. The court noted that co‑accused had already been granted bail and that no witness had yet been examined against Saroj Ojha. Considering the direct and specific allegation of firing against Sunil Tiwari, the court denied his bail. Conversely, lacking a direct firing allegation against Saroj Ojha, the court granted him bail on a Rs.10,000 bond with two sureties and conditions of personal appearance.
Issues considered
- Whether bail should be granted to Sunil Tiwari given the specific allegation of firing under Sections 61(2), 103(1), 351(2), 351(3), 3(5) of the B.N.S. and Section 27 of the Arms Act.
- Whether bail should be granted to Saroj Kumar Ojha in the absence of a direct firing allegation despite the same set of charges.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- Arms Act
- firearm discharge
- homicide
- threat
- land dispute
- criminal procedure
- Section 27 Arms Act
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43498 of 2025
Arising Out of PS. Case No.-295 Year-2024 Thana- NAWANAGAR District- Buxar
======================================================
Saroj Kumar Ojha @ Saroj Ojha S/o Late Raghu Nath Ojha Resident of
village- Ojha Baraon, P.O.- Ojha Baraon, P.S.- Murar, District- Buxar, Pin
Code- 802115 (Bihar). ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
WITH
CRIMINAL MISCELLANEOUS No. 67233 of 2025
Arising Out of PS. Case No.-295 Year-2024 Thana- NAWANAGAR District- Buxar
======================================================
Sunil Tiwari @ Sunil Kumar Tiwari S/o Late Indra Shekhar Tiwari R/o
Village - Kesath, P.O - Kesath, P.S - Navanagar, District - Buxar (Bihar)
... ... Petitioner.
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 43498 of 2025)
For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 67233 of 2025)
For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
For the Informant : Mr. Uma Shankar Singh, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
7 18-02-2026 As both the cases arise out of the same police station
case number, hence, with consent of the parties, they have been
heard together for final disposal at this stage itself.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 61(2), 103(1), 351(2) (3)
and 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, both these
petitioners came armed with pistol and petitioner, Sunil Tiwari
alias Sunil Kumar Tiwari fired at the son of the informant
Patna High Court CR. MISC. No.43498 of 2025(7) dt.18-02-2026
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indiscriminately due to which he fell down and lastly
succumbed to his injury.
4. It is submitted by learned counsel for the
petitioners that both the parties to the litigation are related to
each other and there is admitted land dispute between them. It is
further submitted that there is counter case filed by the co-
accused. The occurrence is said to have taken place on
30.10.2024 and the inquest report was prepared on the same day,
while the F.I.R. was registered on 01.11.2024. Further, as far as
the petitioner, Saroj Kumar Ojha is concerned, there is no
allegation of firing upon him, rather the allegation remains
confined to the fact that he was also armed and had threatened.
It is further submitted that the other co-accused persons upon
whom the allegation was of threatening have already been
granted bail by this Court and also by co-ordinate Bench of this
Court vide order dated 07.03.2025 and 11.07.2025 passed in Cr.
Misc. No.12263 of 2025 and Cr. Misc. No.42938 of 2025
respectively. The petitioner, Saroj Kumar Ojha is in custody
since 29.04.2025, whereas petitioner, Sunil Kumar Tiwari is in
custody since 29.11.2024.
5. Learned counsel for the informant and learned APP
for the State vehemently opposed the grant of bail at least
Patna High Court CR. MISC. No.43498 of 2025(7) dt.18-02-2026
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against the petitioner, Sunil Kumar Tiwari against whom there is
direct and specific allegation of firing, which is apparent from
the postmortem report, showing four firearm injuries.
6. By order dated 05.12.2025, a report had been called
for from the learned Trial Court, which demonstrates that
charges have been framed against the petitioner, Sunil Kumar
Tiwary on 20.08.2025 and as against the petitioner, Saroj Kumar
Ojha on 11.02.2026.
7. Taking into consideration the facts and
circumstances of the case and also considering the fact that there
is direct and specific allegation of firing against the petitioner,
Sunil Tiwari alias Sunil Kumar Tiwari of Cr. Misc. No.67233 of
2025, I am not inclined to release him on bail. Accordingly, the
prayer for regular bail of this petitioner is hereby rejected.
8. As far as the petitioner, Saroj Kumar Ojha of Cr.
Misc. No.43498 of 2025 is concerned, there is no direct
allegation of firing upon him and till date no witness has been
examined, as such there is no likelihood that the trial may be
concluded in near future, the above named petitioner, Saroj
Kumar Ojha alias Saroj Ojha is directed to be enlarged on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.43498 of 2025(7) dt.18-02-2026
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the learned Court below where the case is pending/successor
Court in connection with Navanagar P.S. Case No.295 of 2024,
subject to the conditions that the petitioner shall remain
physically present in court on each and every date during trial
and in the event of failure on two consecutive dates without
sufficient reasons, his bail bonds shall be liable to be cancelled
by the learned court concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
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