Patna High Court
Shailesh Tiwari @ Shailesh Kumar Tiwari @ Vender Tiwari @ Vinder TiwariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed.
Summary
Shailesh Tiwari was charged under Sections 103(1), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly killing a person. He applied for bail before the Patna High Court while the trial was underway, with all private witnesses examined and three remaining. The court examined the seriousness of the offences and the advanced stage of the trial. Considering the nature of the allegations and the pending witnesses, the bench was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted to the petitioner accused of murder and arms offences at the current stage of the trial
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- murder
- arms act
- criminal procedure
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91212 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- BARUN District- Aurangabad
======================================================
Shailesh Tiwari @ Shailesh Kumar Tiwari @ Vender Tiwari @ Vinder Tiwari
S/o Aravind Tiwari R/o Village- Kumhau, P.S- Sheosagar, Dist- Rohtas
(Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate
Mr.Rajani Kant Pandey, Advocate
Mr. Ashok Kumar Pandey, Advocate
For the State : Mr.Narendra Kumar Singh, APP
For the Informant : Mr. Rajendra Narayan, Sr. Advocate
Mr. Bijay Prakash singh, Advocate
Mr. Rakesh Ranjan Srivastava, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned Senior counsel for the petitioner;
learned APP for the State and learned Senior Counsel for the
informant.
2. The petitioner seeks bail in connection with Barun
P.S. Case No. 20 of 2025 registered for the offence punishable
under Sections 103(1), 3(5) and 61(2) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
involved in the killing the deceased.
4. In the trial, all the private witnesses have been
examined and only three witnesses are left to be examined.
Patna High Court CR. MISC. No.91212 of 2025(4) dt.24-03-2026
2/2
5. Considering the allegation and the stage of trial, I
am not inclined to grant bail to the petitioner.
6. Accordingly, the applications stand dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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