Patna High Court
Amredra Tiwari @ Amrendra TripathiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
The court refused to grant anticipatory bail to the petitioners.
Summary
The petitioners, Amredra Tiwari and Ravindra Tiwari, were implicated in a FIR (Case No. 245 of 2022) alleging violent assault with lathis and firearms, including the alleged assault of a pregnant woman resulting in a miscarriage. They applied for anticipatory bail, claiming innocence, lack of criminal antecedent, and a two‑day delay in filing the FIR. The State opposed the bail, emphasizing the seriousness of the offences listed under Sections 147, 148, 149, 341, 323, 324, 307, 427, 504 and 506 of the IPC. The court examined the injury reports and medical opinion confirming a missed abortion, and considered the gravity of the allegations. Concluding that the allegations were serious and the petitioners were likely to tamper with evidence or influence witnesses, the court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to the petitioners given the seriousness of the alleged offences under the IPC.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 427, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- miscarriage
- criminal law
- bail jurisprudence
- violence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9027 of 2026
Arising Out of PS. Case No.-245 Year-2022 Thana- GOVINDGANJ District- East
Champaran
======================================================
1. Amredra Tiwari @ Amrendra Tripathi S/O Late Ramagya Tiwari R/O
Village- Janerwa Ward No.6, P.S- Areraj (Govindganj), Distt.- East
Champaran.
2. Ravindra Tiwari @ Saurabh Tiwari @ Saurabh S/O Late Ramagya Tiwari
R/O Village- Janerwa Ward No.6, P.S- Areraj (Govindganj), Distt.- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Govindganj P.S. Case No. 245 of 2022, registered for the
offence punishable under Sections 147, 148, 149, 341, 323, 324,
307, 427, 504 and 506 of IPC.
3. The case of the prosecution, in short, as per the
informant is that on 24.05.2022 at about 3:00 P.M. when his
building work was under progress, all the accused persons
named in the F.I.R. including these petitioners having armed
with lathi and farsa came there to stop the work of construction.
Patna High Court CR. MISC. No.9027 of 2026(3) dt.22-04-2026
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On protest of the informant, co-accused Suresh Tiwari gave an
order to demolish the house then all accused persons started
demolishing the house and they also attacked upon him. It is
further alleged that when Amit Kumar, Chanda Devi, Nainmati
Kuar, Shivani Kumari and Shivam Kumari came to save the
informant, all the accused persons also attacked them. The
accused persons assaulted the informant and Amit Kumar with
farsa, due to which they sustained injury on their heads. The
petitioner Amrendra Tiwari dashed Chanda Devi by her hair and
petitioner Ravindra Tiwari @ Saurabh Tiwari assaulted on her
stomach, due to which she suffered miscarriage.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence.
They have falsely been implicated in the present case. There is
case and counter case. There is a delay of two days in filing the
FIR. He further submits that the petitioners have no criminal
antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. There is allegation against Amrendra Tiwari
(petitioner no. 1) that he dashed the informant’s wife Chanda
Devi and Ravindra Tiwari (petitioner no. 2) assaulted on her
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stomach due to which she sustained miscarriage. As per the
injury report of Chanda Devi, she was pregnant at the time of
injury and as per Gynecologist report, doctor opinion suggests
missed abortion. Considering the seriousness of the allegation
levelled against the petitioners, this Court is not inclined to
grant privilege of anticipatory bail to the petitioners.
7. Accordingly, the present anticipatory bail
application stands rejected.
(Alok Kumar Sinha, J)
kiran/-
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