Patna High Court
Tulsi Tiwari @ Tulsi Das TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied bail, holding that it was not inclined to enlarge the petitioners on bail in view of the serious allegations and the victim's death.
Summary
Tulsi Tiwari and Subash Tiwari were arrested for allegedly assaulting the father‑in‑law of an informant with a danda and lathi, causing fractures to both legs and facial injuries. The victim died 46 days later while receiving treatment. The petitioners filed an application for regular bail under several sections of the Bharatiya Nyaya Sanhita, 2023, claiming they were falsely implicated. The State opposed bail, highlighting that the post‑mortem report did not specify the cause of death and that the allegations were serious. After hearing both sides, the Court declined to grant bail, stating it was not inclined to enlarge the petitioners on bail, but allowed them to renew the prayer after six months or after framing of charge. The bail application was therefore rejected.
Issues considered
- Whether regular bail should be granted to the accused under the listed sections of the Bharatiya Nyaya Sanhita given the seriousness of the offence and the death of the victim.
- Whether the absence of a definitive post‑mortem cause of death and the nature of the allegations justify denial of bail.
- Whether the petitioners' claim of false implication is sufficient to merit bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 115(2), 117(2), 126(2), 329(3), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- homicide
- false implication
- post-mortem
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76119 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- AMARPUR District- Banka
======================================================
1. Tulsi Tiwari @ Tulsi Das Tiwari S/o Late Babulal Tiwari R/o Village -
Salampur, P.S - Amarpur, District - Banka
2. Subash Tiwari S/o Late Babulal Tiwari R/o Village - Salampur, P.S -
Amarpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 11-02-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Amarpur P.S. Case no.
141 of 2025 registered under sections 126(2), 115(2), 329(3),
117(2), 352, 351(2), 105 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution case, the informant states
that the five named accused persons including the two
petitioners herein are said to have abused and assaulted the
father-in-law of the informant with dabiya and lathi seriously
injuring him. He sustained fracture of both his legs as also
injury on his face.
Patna High Court CR. MISC. No.76119 of 2025(4) dt.11-02-2026
2/2
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. The injured died
46 days later in course of treatment. The allegations are general and
omnibus in nature. The petitioners are in custody since 7.6.2025 and
chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State who submits that in the post-mortem report, the
cause of death has not been mentioned by the Doctor and the
opinion is reserved.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioners in
the FIR and the subsequent death of the father-in-law of the
informant, the Court is not inclined to enlarge the petitioners on bail
and the application is rejected.
7. Liberty is granted to the petitioners to renew their
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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