Patna High Court
Vivek TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 140(3) read with 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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