Abhishek Tiwari @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.202 of 2026 Arising Out of PS. Case No.-49 Year-2025 Thana- SC/ST District- Aurangabad ====================================================== Abhishek Tiwari @ Abhishek Kumar Son of Megha Tiwari @ Meghnath Tiwari R/o Tiwari Muhalla, P.S. - Daudnagar, Dist. - Aurangabad(Bihar). ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Paswan Son of Umesh Paswan R/o Village - Belwa, P.S. - Daudnagar, Distt. - Aurangabad.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Ashok Singh For the Respondent/s :

Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-06-2026 1.

Heard learned counsel for the appellant and learned Spl. P.P. for the State, Mr. Binay Krishna.

2.

No one appears on behalf of the respondent no. 2. 3.

This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 6-1-2026 in A.B.P. No. 5 of 2026 passed by the learned 1st Additional Sessions Judge-cum-Special Judge (S.C./S.T., Children & NDPS Act), Aurangabad (Bihar) in connection with Aurangabad SC/ST P.S. Case No. 49 of 2025 registered for the offences punishable under Sections 191(2),

Patna High Court CR. APP (SJ) No.202 of 2026(3) dt.17-06-2026 2/3 190, 191(3), 126(2), 115(2), 352, 351(2) and 303(2) of the BNS as well as Sections 3(1)(r)(5) and 3(2)(va) of the SC/ST Act. 4.

Learned counsel for the appellant submits that appellant has antecedent of four cases and the informant alleges that on 17-11-2025 he was returning home after purchasing feed for the poultry farm when he was intercepted by accused persons including the appellant along with four unknown accused near Jinoriya market. It is next alleged that the accused persons started assaulting him and Anjan and Abhishek abused him by taking caste name, it is further alleged that the accused persons assaulted him by rod and pistol causing injury near eye and forehead, further Anjan intended to fire, but then villagers gathered when accused persons fled and informant was taken to hospital for treatment.

5.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that allegation of assault and abuse is general and omnibus in nature. It is also submitted that the date of occurrence is 17-11-2025 and the FIR came to be instituted on 21-11-2025, i.e., after a delay of 4 days which casts aspersion on the case of the

Patna High Court CR. APP (SJ) No.202 of 2026(3) dt.17-06-2026 3/3 prosecution without any plausible explanation. It is next submitted that had the informant been assaulted in the manner as alleged, in that event, the hospital would have informed the police but that is not the case as the FIR has been instituted based on written application of the informant. 6.

Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the appellant.

7.

Considering the aforesaid facts, let the appellant above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with the aforesaid case, subject to the conditions as laid down under Section 482 (2) of the BNSS. 8.

Accordingly, the impugned order is set aside and the appeal stands allowed.

(Satyavrat Verma, J) Sumit/- U T