Aman Tiwari @ Aman Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19311 of 2025 Arising Out of PS. Case No.-205 Year-2024 Thana- JALALPUR District- Saran ====================================================== Aman Tiwari @ Aman Kumar Tiwari S/o Bhim Tiwari R/o vill - Mangolapur, P.S.- Jalalpur, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP For the Informant :

Mr. Alok Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Jalalpur P.S. Case No. 205 of 2024, instituted for the offences punishable under Sections 191(3), 190, 118(1), 118(2), 109, 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, while brothers of the informant returning to their home, in the meantime, the petitioner along with other co-accused persons armed with various weapons assaulted brothers of the informant due to which one Raj Kishore Tiwari sustained grievous injuries and also killed Raj Kumar Tiwari.

Patna High Court CR. MISC. No.19311 of 2025(3) dt.02-07-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case as well as Charge has also been framed against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no any specific allegation has been attributed against the petitioner, rather the same is general and omnibus in nature. It is further submitted that the informant is not an eye witness to the said occurrence. The petitioner is in custody since 28.08.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submits that from the statement of injured Raj Kishore Tiwari, mentioned in paragraph no. 38 of the case diary, it appears that there is specific allegation on the petitioner of assaulting and causing injury by knife. It is further submitted that on perusal of paragraph nos. 3, 7, 8, 25 and 26, it appears that the witnesses have supported the prosecution case. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, statement of the injured, nature of accusation and

Patna High Court CR. MISC. No.19311 of 2025(3) dt.02-07-2025 3/3 gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T