Nandan Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9106 of 2026 Arising Out of PS. Case No.-246 Year-2024 Thana- CHARPOKHARI District- Bhojpur ====================================================== Nandan Tiwari S/o Jai Prakash Tiwari Resident of Village- Majhiaon, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Akanksha Malviya, Advocate Mr. Akash Keshav, Advocate Ms. Naina Nancy, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Charpokhari P.S. Case No.246 of 2024, dated 05.11.2024, registered for the offence punishable under Sections 126(2), 115, 352, 351(2), 303(2), 109 of the Bharatiya Nyaya Sanhita.
3. As per the FIR, the petitioner assaulted the son of the informant by means of knife, with an intention to kill.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to village politics. There is no specific overt act attributed to the petitioner. It is further submitted that the case
Patna High Court CR. MISC. No.9106 of 2026(3) dt.22-04-2026 2/3 diary along with the injury report was called for by this Court on 25.02.2026, and upon perusal, it appears that the injury sustained by the informant's son does not corroborate the allegations made in the FIR. From the injury report, it appears that the injury was caused by a hard and blunt substance, whereas the FIR alleges the use of a knife. It is further submitted that the petitioner is engaged in security services and is earning his livelihood in Telangana, and due to frivolous allegations, his source of livelihood is at stake. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.
6. Taking into account that the injury sustained by the son of the informant does not corroborate the allegations made in the FIR, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, Successor Court in connection with Charpokhari P.S. Case No.246 of 2024, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.9106 of 2026(3) dt.22-04-2026 3/3 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T