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2025 DAILYLAW 101654 (PAT)

Bhagwan Tiwary @ B. Tiwary v. The State of Bihar

CR. MISC./60629/2025 · 2025-10-30

Nawneet Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60629 of 2025 Arising Out of PS. Case No.-255 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== 1. Bhagwan Tiwary @ B. Tiwary S/o- Kamla Tiwary Village- Arua, P.S.- Bhagwanpur Hat, District- Siwan 2. Brij Kishor Tiwary S/o- Kamla Tiwary Village- Arua, P.S.- Bhagwanpur Hat, District- Siwan 3. Vivek Tiwary @ Vivek Kumar S/o- Brij Kishor Tiwary Village- Arua, P.S.- Bhagwanpur Hat, District- Siwan 4. Abhishek Tiwary S/o- Bhagwan Tiwary @ B. Tiwary R/o- Arua Ps- Bhagwanpur Hat Dist- Siwan 5. Binay Tiwary @ Vinay Kumar Tiwari S/o- Brij Kishor Tiwari R/o- Arua Ps- Bhagwanpur Hat Dist- Siwan ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the State : Mr. Yogendra Kumar, APP For the Informant : Mr. Ravi Ranjan, Advocate Mr. Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 30-10-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners are apprehending their arrest in Bhagwanpur Hat P.S. Case No. 255 of 2025 registered under Sections 126(2), 115(2), 118(1), 117(2), 352, 351(2), 3(5) of the BNS. 3. As per the prosecution story, the petitioners are said to have abused and assaulted the informant and his brother with Patna High Court CR. MISC. No.60629 of 2025(4) dt.30-10-2025 2/3 lathi, danda, farsa, bhala etc. It is further alleged that they tried to kill informant’s brother by strangulating him. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in the present case. It has further been submitted that both the parties are agnates to each other and there is case and counter case between them. It has further been submitted that the informant has suffered injuries and one of the injuries suffered by his elder brother, is although grievous, but that injury is not specifically assigned against any of these petitioners. 5. On the other hand, learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners by submitting that all the accused persons badly assaulted the elder brother of the informant, namely, Arun Tiwari, who suffered fracture injury on his chest. 6. Grievous injury suffered by Arun Tiwari is not specifically assigned against any of these petitioners. 7. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of Patna High Court CR. MISC. No.60629 of 2025(4) dt.30-10-2025 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hat P.S. Case No. 255 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ 482(2) of the BNSS, 2023. priyanka/- (Nawneet Kumar Pandey, J) U T