Patna High Court
Chandrabhushan TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
In the absence of a specific accusation against the petitioners and considering their fair antecedent, the Court held that bail should be granted.
Summary
Petitioners Chandrabhushan Tiwari and Hari Tiwari applied for bail in a criminal case (PS No.237 of 2025) alleging offences under Sections 126(2), 118(2), 352, 351(2) and 3(5) of the Bihar Negotiable Securities Act, 2023. The FIR alleged that co‑accused Indra Bhushan Tiwari inflicted a grievous head injury on the informant, while the petitioners were said to have participated in ploughing the informant’s land and to have abused him. The petitioners contended that the specific injury was caused only by the co‑accused and that no direct accusation was made against them. The State opposed bail, arguing active participation by the petitioners. The Court, noting the lack of a specific charge against the petitioners, their clean antecedent and the land‑dispute background, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Act.
Issues considered
- Whether bail should be granted in the absence of a specific accusation against the petitioners under the BNS Act.
- Whether the petitioners’ alleged participation in the alleged offences warrants denial of bail.
- Whether the conditions prescribed under Section 482(2) of the BNS Act are sufficient for granting bail.
Subjects
- bail
- land dispute
- criminal procedure
- Section 482(2)
- Bihar Negotiable Securities Act
- grievous injury
- fair antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90745 of 2025
Arising Out of PS. Case No.-237 Year-2025 Thana- DURAULI District- Siwan
======================================================
1. Chandrabhushan Tiwari S/o Paras Tiwari @ Parasnath Tiwari R/o vill -
Karom, P.S.- Darauli, Distt.- Siwan
2. Hari Tiwari @ Harishchandra Tiwari @ Harichandra Tiwari S/o Paras
Tiwari @ Parasnath Tiwari R/o vill - Karom, P.S.- Darauli, Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Adv.
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 15-01-2026 Heard learned Advocate for the petitioners and
learned Advocate for the State.
2. The petitioners apprehend their arrest in connection
with Darauli P.S. Case No.237 of 2025 registered for the
offences punishable under Sections 126(2), 118(2), 352, 351(2)
and 3(5) of the BNS, 2023.
3. While the petitioners along with others were
engaged in ploughing the land of the informant forcibly by JCB
and when the same was objected, it is specifically alleged that
co-accused Indra Bhushan Tiwari assaulted the informant by
means of dabiya over his head due to which he sustained injury.
There is further allegation against the petitioner no.1 of causing
Patna High Court CR. MISC. No.90745 of 2025(2) dt.15-01-2026
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exhortation and abusing, besides the petitioner no.2 is also
participated in the crime.
4. Learned Advocate for the petitioners taking this
Court through the FIR contended that the specific accusation of
causing injury is attributed to co-accused Indra Bhushan Tiwari,
who is not before this Court. Moreover, the informant has
sustained one injury over his head, which is found to be
grievous in nature, but admittedly that has not been attributed to
the petitioners. The genesis of the occurrence is said to be a land
dispute pending between the parties and, in fact, the present case
is nothing but a counter blast to Darauli P.S. Case No.236 of
2025, instituted against the informant and others by the persons
of the petitioners’ side. The petitioners are men of fair
antecedent and they undertake that they will fully cooperate in
the proceedings of the Court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
petitioners have actively participated in the crime, in which the
informant had sustained grievous injury over his head.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the specific accusation against co-accused Indra Bhushan
Patna High Court CR. MISC. No.90745 of 2025(2) dt.15-01-2026
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Tiwari, which is found to be grievous; so far the petitioners are
concerned, there is no specific accusation against them, besides
their fair antecedent and the factum of case and counter case in
the genesis of the land dispute, let the above named petitioners,
be released on bail, in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate, Siwan in connection
with Darauli P.S. Case No.237 of 2025, subject to the condition
as laid down under Section 482(2) of the BNSS, with further
condition that one of the bailors shall be the own/close family
members of the petitioners.
(Harish Kumar, J)
rohit/-
U T
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