Vishal Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14126 of 2026 Arising Out of PS. Case No.-283 Year-2025 Thana- DERNI BAZAR District- Saran ====================================================== Vishal Tiwari Son of Late Surendra Tiwari @ Late Munna Tiwari Resident of Village - Dighwara, Police Station - Dighwara, District - Saran at present Village - Brahampur, P.S.- Bhagwan Bazar, District - Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mani Shankar Mishra, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-03-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Derni Bazar P.S. Case no.283 of 2025 registered under sections 310(4), 310(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. As per the prosecution case, it is stated that seeing the police personnel, the accused persons attempted to escape but five of them were caught by the police personnel. On search, an illegal firearm, a live cartridge and mobile phone was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from his possession. He is in custody since 13.12.2025 and undertakes to cooperate in

Patna High Court CR. MISC. No.14126 of 2026(2) dt.12-03-2026 2/2 the investigation/trial. He is accused in only one case as mentioned in paragraph no.3 of the petition.

5. The application for 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 petitioner in the FIR together with the petitioner having remained in custody since 13.12.2025, the Court directs the petitioner to be enlarged on bail in connection with Derni Bazar P.S. Case no.283 of 2025 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 Judicial Magistrate 1st Class, Saran, Chapra on the following condition:

(i) In case it subsequently transpires that the petitioner is accused in any other case besides the FIR of Sidhwaliya P.S. Case no.154 of 2023 which finds mention in paragraph no.3 of the petition, the prosecution will be at liberty to move this Court for cancellation of bail granted to the petitioner. (Partha Sarthy, J) Saurabh/- U T