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Patna High Court

Vivek TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petition for anticipatory bail, subject to specified conditions.

Summary

Vivek Tiwari sought anticipatory bail fearing arrest in a case (PS Digha No.704/2025) alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault, intimidation and fraud related to a dispute over payments for an online exam centre. The prosecution’s informant claimed Tiwari and his brother assaulted him and forced him to sign a stamp paper, while Tiwari contended the case was fabricated to avoid repaying Rs.25 lakh that had been transferred to the informant’s wife’s account. The State opposed the bail, citing the seriousness of the alleged offences and the petitioner’s two prior criminal convictions. The court examined the material before it, including the alleged financial transactions, and applied Section 438(2) of the CrPC read with Section 482(2) of the Bharatiya Nyaya Sanhita. It granted anticipatory bail subject to strict conditions, including surety, personal appearance at each trial date and verification of the petitioner’s antecedents, while noting that the order would not affect the trial’s merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita and his prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • false implication
  • Bharatiya Nyaya Sanhita
  • Section 438
  • Section 482
  • assault
  • fraud
  • online exam centre

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8368 of 2026
                         Arising Out of PS. Case No.-704 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
                 Vivek Tiwari, Son of Sanjay Tiwari, Ro Vill. - Bhatgain, P.S - Taraiya, Dist. -
                 Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Digha P.S. Case No. 704 of 2025 registered for the offences

                   under Sections 115(2), 126(2), 351(2), 352, 140(3) read with

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant has

                   alleged that he has been working as a constable and was also

                   running Aaradhana Online Exam Center and some money was

                   due to the petitioner on account of the same, a dispute arose. It

                   is alleged that the petitioner, along with his brother, had abused

                   and assaulted the informant. It is further alleged that two

                   persons forcibly made him sit on a car and made him sign on

                   one thousand rupees stamp paper and thereafter the petitioner
Patna High Court CR. MISC. No.8368 of 2026(2) dt.17-02-2026
                                            2/4




          and other persons fled however, the police arrested Manish

          Kumar and Aditya Kumar.

                       4. Learned counsel for the petitioner submits that the

          petitioner has falsely been implicated in this case and no such

          incident as alleged has occurred. It has further been stated that

          the informant has suppressed the fact that he had received a

          certain amount from the petitioner in his wife's account to run

          the Aaradhana Online Exam Center and he was not returning the

          same and had also entered into an agreement with the petitioner

          and has accepted the fact that he has received Rs.25,00,000/-

          from him. It has next been submitted that only in order to save

          himself from paying the due amount the present false and

          concocted case has been lodged. It has also been submitted that

          the cheques and the deposit slips have been brought on record,

          which would go to show that the money was transferred into the

          account of the wife of the informant. It has lastly been submitted

          that the informant, using his clout among the police, has lodged

          this present case. It has lastly been submitted that the petitioner

          has two criminal antecedents.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.8368 of 2026(2) dt.17-02-2026
                                            3/4




          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Digha P.S. Case No. 704 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.

          as well as subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative.

                       (ii) The petitioner shall remain physically present in

          Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates, or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be cancelled by the Court concerned.

                       (iv) If the petitioner is found involved in similar

          nature of offence in future, the prosecution shall be at liberty to

          move for cancellation of his bail bond.

                       (v) The learned Court below shall verify the criminal
              Patna High Court CR. MISC. No.8368 of 2026(2) dt.17-02-2026
                                                          4/4




                        antecedent of the petitioner and in case at any stage it is found

                        that the petitioner has concealed his criminal antecedent, the

                        court below shall take step for cancellation of bail bond of the

                        petitioner. However, the acceptance of bail bonds in terms of the

                        above-mentioned order shall not be delayed for purpose of or in

                        the name of verification.



                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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