Pramod Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20481 of 2026 Arising Out of PS. Case No.-537 Year-2011 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Pramod Tiwari Son of Mr. Ramji Tiwari Resident of Post Office Gali, P.S.- Bhabua, District- Kaimur at Bhabhua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Kumar, Advocate For the State :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Bhabhua P.S. Case No. 537 of 2011 dated 27.12.2011, registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per allegation, the informant was going to his house on motorcycle, but he was chased and stopped by three unknown motorcyclist and his one mobile, motorcycle, ATM card, Purse containing Rs. 4,000/- as well as some other documents were snatched on the point of country made pistol.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that FIR has been lodged against
Patna High Court CR. MISC. No.20481 of 2026(3) dt.06-05-2026 2/3 unknown persons and he is no way involved in the alleged offence and no TIP has been conducted during investigation, though charge-sheet has been submitted showing him as absconder. Though the fact is that the petitioner is not aware of any criminal case against him because he never received any summons or warrant from the Court and without his knowledge of any process or in any criminal case, he has been declared absconder without following the procedure for declaring him absconder. He further submits that the petitioner is presently serving in Indian Army as a soldier.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his
Patna High Court CR. MISC. No.20481 of 2026(3) dt.06-05-2026 3/3 furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Bhabhua P.S. Case No. 537 of 2011, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T