Lokesh Tiwari @ Lokesh Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17446 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- KOPA District- Saran ====================================================== Lokesh Tiwari @ Lokesh Kumar Tiwari S/o Ghanshyam Tiwari R/o Vill.- Bankata, P.S.- Kopa, Dist.- Saran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Nandan, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2025 Heard Mr. Ravi Nandan, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Kopa P.S. Case No. 197 of 2024, F.I.R. dated 06.11.2024 for the offences punishable under Sections 126(2), 115(2), 353, 118(1), 109, 74, 303(2), 117(2) and 3(5) of the BNS, 2023.
3. According to prosecution case, all the accused persons including this petitioner armed with weapon have brutally assaulted the informant due to which he received multiple injuries.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.17446 of 2025(2) dt.21-04-2025 2/3 implicated in the present case. He further submits that it appears from the F.I.R itself that due to admitted land dispute the present occurrence has taken place. There is case and counter case between the parties and both the parties are agnate to eachother. He further submits that the specific allegation against the petitioner that he has assaulted to one Ajay Tiwari who is informant in the present case but the injury report of the informant suggest that the injury is simple in nature.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent, there is case and counter case between the parties and the injury of the informant is simple in nature, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Saran at Chapra in connection with Kopa P.S. Case No. 197 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Patna High Court CR. MISC. No.17446 of 2025(2) dt.21-04-2025 3/3 Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T