Patna High Court
Saurabh Tiwari @ Tiger Tiwari @ Shaurabh Kumar Tiwari @ TigarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Saurabh Tiwari, sought anticipatory bail in a case arising from a gang clash in Sasaram, where he was alleged to have participated in firing pistols and assault. The FIR charges him under several sections of the Bharatiya Nyaya Sanhita, including offences relating to unlawful assembly, rioting, and assault. The petitioner contended that he is innocent, there are no eye‑witnesses, and no incriminating material was found on him. The State argued that he is an active member of one of the gangs and has four prior criminal convictions. After considering the seriousness of the allegations and the petitioner’s criminal antecedents, the court refused the prayer for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations of participation in a gang clash and his prior criminal record
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(2), 126(2), 190, 191(2), 191(3), 352
Subjects
- anticipatory bail
- criminal antecedents
- gang violence
- Bharatiya Nyaya Sanhita
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8534 of 2026
Arising Out of PS. Case No.-852 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Saurabh Tiwari @ Tiger Tiwari @ Shaurabh Kumar Tiwari @ Tigar S/o-
Aravind Tiwari Resident of village- Kumahu P.S. Shivsagar District- Rohtas
at Sasaram
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sasaram (T) P. S.
Case No. 852 of 2025 registered for the offences punishable
under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(2),
109(1), 352 of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., a gang war took place between two
groups in which both parties assaulted and fired pistols on each
other.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
against petitioner is general and omnibus. There is no eye
witness to the occurrence and no incriminating material has
been recovered from conscious possession of the petitioner.
Patna High Court CR. MISC. No.8534 of 2026(2) dt.23-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner is active
member of one of the gangs in question and has got four
criminal antecedents.
6. Considering the nature of accusation and criminal
antecedents, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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