Patna High Court
Ankur Tiwary @ Ankit Tiwary @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Ankur Tiwary, sought anticipatory bail in connection with FIR No. 202 of 2025 alleging offences under several sections of the Bihar Negotiable Substances Act and Section 27 of the Arms Act. The informant claimed the petitioner and two others opened fire on him while he was returning from a shop, but no injury was recorded. The petitioner argued that the FIR was filed due to a prior personal altercation and his criminal antecedent, not because of any substantive evidence. The State opposed the bail, citing the petitioner’s criminal record. The Court, after considering the submissions and noting the lack of concrete injury evidence, granted anticipatory bail with stringent conditions regarding appearance before police and courts, non‑tampering with witnesses, and a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR
- Whether the petitioner poses a risk of tampering with evidence or influencing witnesses
- Whether the petitioner’s prior criminal antecedent justifies denial of bail
Legislation cited
- Arms Act — s. 27
Subjects
- anticipatory bail
- FIR
- criminal antecedent
- Arms Act
- bail conditions
- section 27
- Bihar Negotiable Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76283 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- DINARA District- Rohtas
======================================================
Ankur Tiwary @ Ankit Tiwary @ Ankit Kumar S/o Kamlesh Tiwary @
Guddu Tiwary R/o Village - Yogiya, P.S - Dinara, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Dikshit, Advocate
Mr. Manendra Kumar Sinha, Advocate
Mr. Rakesh Ranjan, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 25-02-2026 Heard Mr. Naresh Dikshit, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Dinara P.S. Case No. 202 of 2025 for the offence
under sections 115(2), 126(2), 109, 351(2), 352 and 3(5) of the
BNS and Section 27 of the Arms Act lodged on 14.05.2025 by the
informant, Shashikant Ojha.
3. As per the prosecution story, the informant alleged
that while he was returning from shop, three persons on a
motorcycle intercepted and after asking name, opened fire. He,
anyhow, saved himself and tried to escape but got injured due to
fall on the ground. As the locals assembled, they escape leaving
the motorcycle. This led to the FIR.
4. Learned counsel for the petitioner submits that a bare
Patna High Court CR. MISC. No.76283 of 2025(3) dt.25-02-2026
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perusal of the FIR would show that only because of criminal
antecedent, he has been implicated. Earlier, the informant had
altercation with the petitioner whereafter the father of the
petitioner made complaint which followed the present case.
5. Learned APP opposes the prayer submitting that this
petitioner has criminal antecedent.
6. Taking into account the submissions of the parties as
also that though allegation of opening fire is there, no injury has
been recorded, there is case and counter-case and an undertaking
has been given that he shall be diligently appearing in
trial/investigation, in that background, this Court is inclined to
extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned ACJM, II, Bikramganj (Rohtas) in connection with
Dinara P.S. Case No. 202 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
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(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for one year to mark his attendance and
after the end of the period, the certificate shall be submitted before
the Trial Court failing which steps shall be taken for the
cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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