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Patna High Court

Amit TiwariversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        2/2




                      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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