Patna High Court
Madho TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 127(2), 3(5), 351(3), 352
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
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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
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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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