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Patna High Court

Pawan Tiwari @ Pawan Kumar TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and conditions under Section 482(2) of the B.N.S.S.

Summary

Petitioner Pawan Tiwari, a retired army personnel, feared arrest in a criminal case (Shahpur P.S. Case No.158/2025) involving multiple offences under the B.N.S., 2023. He alleged that the informant falsely implicated him, claiming a raid on his house on 16 June 2025 where his family allegedly obstructed the armed forces. Tiwari had previously obtained anticipatory bail in a related Nawada case (Cr. Misc. No.61971/2025) on 18 December 2025. He petitioned the Patna High Court for anticipatory bail in the present case, arguing that he was not present at the alleged incident and that the charges were fabricated. The State opposed the relief. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner in Shahpur P.S. Case No.158/2025 given the alleged false implication and prior bail in a related case?

Legislation cited

  • B.N.S., 2023 — s. 109, 115(2), 125, 126(2), 132, 3(5), 351(2), 352, 482(2)

Subjects

  • anticipatory bail
  • false implication
  • Section 482
  • bail bond
  • Criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80580 of 2025
                       Arising Out of PS. Case No.-158 Year-2025 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Pawan Tiwari @ Pawan Kumar Tiwari Son of Lav Kumar Tiwari @ Law
                 Kush Tiwari Resident of Village- Bariswan, P.S.- Shahpur, District- Bhojpur.
                 At present Resident of Kashyap Nagar, P.S.- Ara Town, District- Bhojpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Kant
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 109, 132, 125, 352, 351(2) and 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that on 16.06.2025 at about 12.15 A.M., informant along with

                   armed forces raided the house of the petitioner when family

                   members of the petitioner created ruckus and obstructed the

                   force from discharging their legal duty and even abused and

                   brick batted.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.80580 of 2025(2) dt.05-01-2026
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          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner is a retired army

          personal and he came to be implicated in Nawada P.S. Case

          No.340/2025. It is submitted that after Nawada P.S. Case

          No.340/2025 came to be instituted, the petitioner started

          availing his remedy in accordance with law for seeking

          anticipatory bail and thus was not staying in his house. It is

          further submitted that it was in connection of Nawada P.S. Case

          No.340/2025 that the informant alleges that the house of the

          petitioner was raided on 16.06.2025 at 12.15 A.M. when his

          family members created ruckus. It is further submitted that

          petitioner has been granted the privilege of anticipatory bail by

          an order dated 18.12.2025 in Cr. Misc. No.61971/2025 passed

          by a learned coordinate Bench in Nawada P.S. Case

          No.340/2025 and the instant case came to be instituted falsely

          alleging that petitioner was also present at the place of

          occurrence when the forces had gone to arrest him but he fled.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender before the learned Court below
             Patna High Court CR. MISC. No.80580 of 2025(2) dt.05-01-2026
                                                         3/3




                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs.10,000/-

                       (Rupees Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of the learned trial court where the case

                       is pending/successor court in connection with Shahpur P.S. Case

                       No.158/2025, subject to the conditions as laid down under

                       Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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