Shashi Kant Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3871 of 2026 Arising Out of PS. Case No.-170 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== 1.

Shashi Kant Tiwary S/o- Surendra Tiwary Resident of Village- Chitkundi, P.S. Arrah Musffasil, District.- Bhojpur 2.

Chandan Tiwary @ Ranjeet Kumar Tiwary S/o- Surendra Tiwary Resident of Village- Chitkundi, P.S. Arrah Musffasil, District.- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandan Kumar Verma, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-01-2026

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Arrah Muffasil P.S. Case no. 170 of 2022 registered under sections 307, 147, 148, 149, 341, 323 and 324 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that the 12 named accused persons including the two petitioners herein came variously armed and assaulted the informant, his

Patna High Court CR. MISC. No.3871 of 2026(2) dt.28-01-2026 2/3 son and other persons as mentioned in the FIR.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. Allegation of assault is specific on seven named co-accused persons and not the two petitioners herein. There is case and counter case between the parties and the correct manner of occurrence has been given in the counter case, FIR of which is Annexure-P/2 to the petition. The petitioners have no criminal antecedent and undertake to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., there being no allegation of overt act against these two petitioners, the case and counter case between the parties and the petitioners not having any criminal antecedent, it is directed that both the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Arrah Muffasil P.S. Case no. 170 of 2022 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.3871 of 2026(2) dt.28-01-2026 3/3 satisfaction of the learned Additional Chief Judicial MagistrateVII, Bhojpur at Arrah. (Partha Sarthy, J) sauravkrsinha/- U T