Patna High Court

Indra Bhushan TiwariversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the nature of the offence and the grievous injury did not justify its grant.

Summary

The petitioner, Indra Bhushan Tiwari, filed an application for anticipatory bail fearing arrest in a criminal case registered under Sections 126(2), 118(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The FIR alleges that the petitioner assaulted an informant with a Daab, and that other co‑accused also assaulted the informant with lathi‑danda and a deadly weapon, resulting in grievous injuries as certified by a medical doctor. The petitioner contended that the nature of the alleged offences did not warrant denial of bail. The learned counsel for the State opposed the bail, emphasizing the seriousness of the injuries and the multiple charges. The Court examined the facts, the severity of the injury, and the statutory provisions governing anticipatory bail. Consequently, the Court rejected the petition for anticipatory bail, concluding that the circumstances did not merit its grant.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 given the alleged assault and grievous injury.

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 118(2), 126(2), 3(5), 351(2), 352

Subjects

anticipatory bail
assault
grievous injury
Bhartiya Nyaya Sanhita
criminal procedure

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.91722 of 2025
                          Arising Out of PS. Case No.-237 Year-2025 Thana- DURAULI District- Siwan
                    ======================================================
                    Indra Bhushan Tiwari S/O parasnath Tiwari @ Parsh Nath Tiwari R/O
                    Village- Karom, P.S- Darauli, Distt.- Siwan (841226).
                                                                                 ... ... Petitioner/s
                                                        Versus
                    The State of Bihar
                                                                          ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Priyanshu Kumar Singh
                    For the Opposite Party/s :       Mr.Uday Pratap Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      20-01-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case,

                      registered for offence under Sections 126(2), 118(2), 352,

                      351(2) & 3(5) of Bhartiya Nyaya Sanhita, 2023.

                                   3. As per F.I.R., this petitioner assaulted on the head

                      of informant with Daab and on his instigation, other co-accused

                      persons also assaulted informant with lathi-danda & deadly

                      weapon. Doctor has found grievous injury.

                                   4. Considering the nature of injury, the prayer for

                      anticipatory bail of petitioner is rejected.



                                                    (Prabhat Kumar Singh, J)
anay

U        T

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