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2026 DAILYLAW 31308 (PAT)

Abhishek Kumar Tiwari v. The State of Bihar

CR. MISC./2444/2026 · 2026-02-02

Prabhat Kumar Singh

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2444 of 2026 Arising Out of PS. Case No.-105 Year-2024 Thana- KOTWA District- East Champaran ====================================================== Abhishek Kumar Tiwari Son of Hridya nand Tiwari R/o Village - Bajhiyaur, P.S. - Bhopatpur(Kotwa), Dist. - East Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. Vijay Tiwari Son of Late Nawal Kishore Tiwari R/o Village - Bajhiya Kala Ward no. 3, P.S. - Kotwa(Bhopatpur O.P.), Dist. - East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No. III, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. For the O.P. No. 2 : Mr. Dharmendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 02-02-2026 Heard learned counsel for the petitioner, opposite party no. 2 and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code. 3. It is alleged that this petitioner along with other F.I.R. named accused persons assaulted informant and his family members by means of farsa, iron rod and lathi. 4. It is submitted that petitioner is innocent and has committed no offence. Both parties are close relatives of each other and descendants of common ancestor and due to long standing land dispute, on the alleged date, an Patna High Court CR. MISC. No.2444 of 2026(2) dt.02-02-2026 2/2 altercation took place between them in which both sides inflicted injury on each other. Case and counter case. Allegation of assault is general and omnibus and there is no specific allegation of any overt act against petitioner. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State as well as learned counsel for the opposite party no. 2 vehemently opposed the bail application. 6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XII, Motihari, East Champaran in connection with Kotwa P. S. Case No. 105 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T