Patna High Court
Vivekanand TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted under Section 482(2) of the BNSS as the petitioners have clean antecedents and the FIR appears to be a counter‑blasting claim arising from a land dispute, subject to prescribed conditions.
Summary
The petitioners, three brothers from Siwan, were arrested in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault during a dispute over a land sale. They contended that the FIR was a retaliatory move by the informant, who was a patidar of the former landowner and opposed the sale to the petitioners' wife. The petitioners argued they have clean antecedents, the incident was a spontaneous altercation, and they would cooperate with the investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, reserving the right to cancel bail if the petitioners fail to cooperate.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nyaya Sanhita in the present case
- Whether the allegations constitute serious offences that justify denial of bail
- Whether the petitioners are likely to cooperate with the investigation
Legislation cited
- Bharatiya Nyaya Sanhita — s. 110, 115(2), 118(1), 125(a), 126(2), 191(2), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- land dispute
- Section 482
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87941 of 2025
Arising Out of PS. Case No.-271 Year-2025 Thana- AANDAR District- Siwan
======================================================
1. Vivekanand Tiwari S/o- Late Madan Tiwari Resident of Bharauli P.S- Andar,
Dist- Siwan
2. Vinod Tiwari S/o- Late Madan Tiwari Resident of Bharauli P.S- Andar, Dist-
Siwan
3. Govinda Tiwari @ Govind Trivedi S/o- Sri Vivekanand Tiwari Resident of
Bharauli P.S- Andar, Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prakash Kumar
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 125(a), 110, 191(2) and 352 of the Bharatiya
Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and the informant
alleges that he had gone to pluck flowers for offering in puja
and saw that petitioner nos. 1 and 2 cutting flowers by tangi, on
protest, they assaulted him and when his cousin came to rescue
Patna High Court CR. MISC. No.87941 of 2025(2) dt.28-01-2026
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him, co-accused persons came and made them hostage and
petitioner no. 1 assaulted Satya Prakash by kudal causing injury
on head and rest accused assaulted informant and his cousin by
lathi and Govind assaulted informant repeatedly by lathi causing
injury on neck.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioner nos. 1 and 2
are own brothers while petitioner no. 3 is son of petitioner no. 1.
It is further submitted that petitioner no. 1 purchased a piece of
land from Sonamati Rai in name of his wife Nisha Devi by a
registered sale deed dated 23-7-2024 (Annexure-2). It is also
submitted that informant is pattidar of Sonamati Rai and was
disputing the sale made by her in favour of wife of the petitioner
no. 1. It is next submitted that informant and his side wanted
the petitioners not to take possession of the purchased land as
such on the date of occurrence an altercation took place in
which both sides assaulted each other. It is further submitted
that from side of the petitioners Andar PS case No. 270 of 2025
was instituted against the informant and his side as such the
instant FIR is a counterblast. It is also submitted that petitioner
no. 1 is Principal of Dhaju Singh High School-cum-inter
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college, Bharthuigarh, Ziradai Siwan, the said school is a
Sanskrit school. It is next submitted that injury suffered by
Satya Prakash and informant on their head has been opined to
be grievous caused by hard and blunt substance, but then it is to
be appreciated that the petitioners are not criminals and on spur
of the moment, the occurrence took place, when informant and
his side started objecting the purchase of the land by Nisha from
Sonamati Devi (agnate of the informant). It is further submitted
that there is no specific allegation of assault against the
petitioner no. 2. It is submitted that petitioners will not abscond
rather will cooperate in the investigation to prove their
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Andar
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P.S. Case No. 271 of 2025, subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. However, it is made clear that in the event, if the
Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioners,
despite giving assurance to this Court, are not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
8. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
(Satyavrat Verma, J)
Sumit/-
U T
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