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Patna High Court

Vijay Shankar TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners, Vijay Shankar Tiwari and Bhagwati Tiwari, were named in an FIR for alleged assault on an informant under several sections of the B.N.S., 2023. They applied for anticipatory bail, arguing that the charge of assault was vague, no specific overt act was detailed, and that they have clean antecedents and close familial ties with the informant. The informant opposed the bail, insisting on the seriousness of the alleged injuries. The court examined the nature of the allegations and the statutory provisions, particularly Section 482(2) of the B.N.S.S., 2023, which empowers the court to grant bail in such circumstances. It concluded that the petitioners could be released on anticipatory bail provided they surrender within eight weeks and furnish the required bail bonds and sureties. Consequently, the court ordered that bail be granted subject to the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted when the FIR contains a general and omnibus allegation of assault without specific overt acts.
  • Whether the petitioners' clean antecedent and familial relationship with the informant warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • general allegation
  • clean antecedent
  • Section 482
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82730 of 2025
                   Arising Out of PS. Case No.-232 Year-2025 Thana- RAGHUNATHPUR District- Siwan
                 ======================================================
           1.     Vijay Shankar Tiwari S/O Ram Ayodhya Tiwari Resident of Village-
                  Panjwar, P.S- Raghunathpur, Distt.- Siwan.
           2.    Bhagwati Tiwari @ Bhagwati Sharan Tiwari S/O Ram Ayodhya Tiwari
                 Resident of Village- Panjwar, P.S- Raghunathpur, Distt.- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners    :        Mr. Ajay Kumar Tiwary, Adv.
                 For the State          :        Mr. Surendra Kumar, APP
                 For the Informant      :        Ms. Shyamali Kumari, Adv.
                                                 Ms. Ayushi Gupta, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                    Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 109,

                   351(2), 352, 303(2), 3(5) of the B.N.S., 2023.

                                3. As per F.I.R., all the accused persons including

                   these petitioners abused and assaulted informant side, due to

                   which, two persons sustained injuries.

                                4. Learned counsel for the petitioners submits that

                   allegation of assault is general and omnibus and no specific

                   overt act has been alleged against these petitioners. Both parties

                   are close pattidars. Petitioners claim clean antecedent.
           Patna High Court CR. MISC. No.82730 of 2025(2) dt.05-01-2026
                                                       2/2




                                  5. Learned counsel for the informant vehemently

                     opposes the prayer for anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class, Siwan in

                     connection with Raghunathpur P.S. Case No. 232 of 2025,

                     subject to condition as laid down under Section 482(2) of the

                     B.N.S.S., 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T


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