Patna High Court
Amit TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Amit Tiwari was arrested in connection with a violent assault on the son of an informant, during which the co‑accused Ankit Pathan allegedly inflicted a fatal stab wound. The prosecution alleged that Tiwari, along with others, entered the premises armed with lathis, dandas and a knife. Tiwari contended that he was merely a member of the mob and had no specific role in the stabbing, had no prior criminal record, and had been in judicial custody since 23‑08‑2025. The State opposed his request for regular bail. Considering the lack of direct involvement, the absence of antecedents, and the circumstances of the case, the Patna High Court granted Tiwari regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103(1) and 3(5) of the BNS despite being part of a mob assault resulting in death
Legislation cited
- BNS — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- BNS
- section 103
- section 3
- mob assault
- homicide
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88657 of 2025
Arising Out of PS. Case No.-244 Year-2025 Thana- TARAIYA District- Saran
======================================================
Amit Tiwari Son of Krishna Tiwari Resident of Village - Chanchaliya, Ps-
Taraiya, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103 (1) and
3 (5) of the BNS.
3. The case of the prosecution is that the petitioner
along with other accused persons alalegedly arrived at the place
of occurrence armed with ‘lathi’, ‘danda’ and ‘knife’ and
started assaulting the son of the informant, namely, Amit Dubey.
It is further alleged that when the inmates of the informant’s
house raised alarm and attempted to rescue him, the co-accused,
namely, Ankit Pathak inflicted a ‘knife’ blow on the chest of the
informant’s son indiscriminately.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.88657 of 2025(2) dt.06-01-2026
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connection with the present case. It is further submitted that
from the perusal of the order passed by the learned trial Court, it
is clear that, as per the post-mortem report, the cause of death
was hemorrhage and shock due to stab injury. It is further
submitted that the specific and overt act of stabbing has been
attributed to co-accused, namely, Ankit Pathak and that the
petitioner is merely a member of the MOB without any specific
role being assigned to him. Moreover, the petitioner is
languishing in judicial custody since 23.08.2025 having no
criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Taraiya P.S. Case No. 244 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-13, Saran at Chapra.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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