Patna High Court
Nandan TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Since the injury report failed to substantiate the FIR's claim of a knife injury, the petitioner was entitled to bail.
Summary
Nandan Tiwari was implicated in a FIR alleging assault with a knife on the informant's son, invoking several sections of the Bharatiya Nyaya Sanhita. The petitioner contended that he was falsely implicated due to village politics, had no prior criminal record, and that the medical injury report contradicted the FIR, showing a blunt-force injury rather than a knife wound. The State opposed bail, citing the seriousness of the offences. The Court examined the injury report and found it did not corroborate the FIR's allegation of a knife injury. Consequently, the Court ordered the petitioner’s release on bail, subject to a bond of Rs.10,000 with two sureties and standard bail conditions, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether the petitioner is entitled to bail given the lack of medical corroboration of the FIR allegations
- Whether the nature of the alleged offences under the Bharatiya Nyaya Sanhita warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 126(2), 303(2), 351(2), 352, 482(2)
Subjects
- bail
- false implication
- injury report
- assault
- Bharatiya Nyaya Sanhita
- criminal procedure
- section 482
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9106 of 2026
Arising Out of PS. Case No.-246 Year-2024 Thana- CHARPOKHARI District- Bhojpur
======================================================
Nandan Tiwari S/o Jai Prakash Tiwari Resident of Village- Majhiaon, P.S.-
Charpokhari, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Akanksha Malviya, Advocate
Mr. Akash Keshav, Advocate
Ms. Naina Nancy, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Charpokhari P.S. Case No.246 of 2024, dated
05.11.2024, registered for the offence punishable under Sections
126(2), 115, 352, 351(2), 303(2), 109 of the Bharatiya Nyaya
Sanhita.
3. As per the FIR, the petitioner assaulted the son
of the informant by means of knife, with an intention to kill.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in the
present case due to village politics. There is no specific overt act
attributed to the petitioner. It is further submitted that the case
Patna High Court CR. MISC. No.9106 of 2026(3) dt.22-04-2026
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diary along with the injury report was called for by this Court on
25.02.2026, and upon perusal, it appears that the injury
sustained by the informant’s son does not corroborate the
allegations made in the FIR. From the injury report, it appears
that the injury was caused by a hard and blunt substance,
whereas the FIR alleges the use of a knife. It is further
submitted that the petitioner is engaged in security services and
is earning his livelihood in Telangana, and due to frivolous
allegations, his source of livelihood is at stake. Lastly, it is
submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Taking into account that the injury sustained by
the son of the informant does not corroborate the allegations
made in the FIR, let the above named petitioner, be released on
bail, in the event of his arrest or surrender before the learned
Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Bhojpur at Ara, Successor
Court in connection with Charpokhari P.S. Case No.246 of
2024, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.9106 of 2026(3) dt.22-04-2026
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482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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