Ankur Tiwary @ Ankit Tiwary @ Ankit Kumar v. The State of Bihar
CR. MISC./76283/2025 · 2026-02-25
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1237 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1237 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76283 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- DINARA District- Rohtas ====================================================== Ankur Tiwary @ Ankit Tiwary @ Ankit Kumar S/o Kamlesh Tiwary @ Guddu Tiwary R/o Village - Yogiya, P.S - Dinara, District - Rohtas ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Dikshit, Advocate Mr. Manendra Kumar Sinha, Advocate Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 25-02-2026 Heard Mr. Naresh Dikshit, learned counsel for the petitioner and the State. 2. The petitioner is apprehending his arrest in connection with Dinara P.S. Case No. 202 of 2025 for the offence under sections 115(2), 126(2), 109, 351(2), 352 and 3(5) of the BNS and Section 27 of the Arms Act lodged on 14.05.2025 by the informant, Shashikant Ojha. 3. As per the prosecution story, the informant alleged that while he was returning from shop, three persons on a motorcycle intercepted and after asking name, opened fire. He, anyhow, saved himself and tried to escape but got injured due to fall on the ground. As the locals assembled, they escape leaving the motorcycle. This led to the FIR. 4. Learned counsel for the petitioner submits that a bare
Patna High Court CR. MISC. No.76283 of 2025(3) dt.25-02-2026 2/3 perusal of the FIR would show that only because of criminal antecedent, he has been implicated. Earlier, the informant had altercation with the petitioner whereafter the father of the petitioner made complaint which followed the present case. 5. Learned APP opposes the prayer submitting that this petitioner has criminal antecedent. 6. Taking into account the submissions of the parties as also that though allegation of opening fire is there, no injury has been recorded, there is case and counter-case and an undertaking has been given that he shall be diligently appearing in trial/investigation, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM, II, Bikramganj (Rohtas) in connection with Dinara P.S. Case No. 202 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
Patna High Court CR. MISC. No.76283 of 2025(3) dt.25-02-2026 3/3 (ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioner 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 bail bond by the Trial Court itself; (iv) the petitioner shall appear before the concerned police station every month for one year to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (v) the petitioner 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; (vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. Adnan/- (Rajiv Roy, J) U T