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Patna High Court

Madho TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Madho Tiwari was arrested on 7 October 2025 in connection with FIR dated 13 August 2025 alleging assault with weapons and several offences under the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the accused, including co‑accused, attacked the informant’s family, but the petitioner's counsel argued that the FIR contains no specific allegation or overt act against the petitioner himself. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent. The Court observed that the charge sheet does not specifically implicate the petitioner in the assault and therefore granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued by Justice Rajesh Kumar Verma of the Patna High Court.

Issues considered

  • Whether bail should be granted to the petitioner when the FIR and charge sheet do not contain a specific allegation of assault against him
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • assault
  • Bharatiya Nyay Sanhita
  • high court
  • charge sheet
  • specific allegation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87667 of 2025
                  Arising Out of PS. Case No.-292 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
                 ======================================================
                 Madho Tiwari S/o Late Dharamdeo Tiwari @ Dharmdev Tiwari RO Village-
                 Shankarpur, PS- Baikunthpur, District- Gopalganj
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manish Chandra Gandhi, Advocate
                                          :      Mr. Himanshu Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-01-2026                           Heard Mr. Manish Chandra Gandhi, learned

                   counsel for the petitioner as well as Mr. Uma Shankar Prasad

                   Singh, learned Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   07.10.2025 in connection with Baikunthpur P.S. Case No. 292

                   of 2025, F.I.R. dated 13.08.2025 for the offences punishable

                   under Sections 115(2), 117(2), 118(1), 109(1), 126(2), 127(2),

                   351(3), 352 read with Section 3(5) of the Bharatiya Nyay

                   Sanhita, 2023.

                                3.      According to prosecution case, the informant

                   alleged that the petitioners and other co-accused persons who

                   were armed with farsa, sword, rod, bhala, lathi-danda, came to

                   his house and assaulted the informant and his family members

                   causing number of injuries to them.
Patna High Court CR. MISC. No.87667 of 2025(2) dt.15-01-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Although the petitioner is named in the FIR but

          from bare perusal of the FIR it appears that there is no specific

          allegation of assault or overt act against him rather specific

          allegation of assault is attributed against co-accused persons,

          namely, Sunil Tiwari, Hemant Tiwari, Vikas Tiwari, Sanjeet

          Tiwari and Balindra Tiwari and there is case and counter case

          between the parties. He further submits that the police after

          investigation submitted the charge sheet and the petitioner is in

          custody since 07.10.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries one criminal antecedent other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matter.

                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt act against the

          petitioner, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned
            Patna High Court CR. MISC. No.87667 of 2025(2) dt.15-01-2026
                                                        3/3




                      Judicial Magistrate-1st Class, Gopalganj in connection with

                      Baikunthpur P.S. Case No. 292 of 2025, subject to the following

                      conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal 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.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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