Bablu Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36642 of 2026 Arising Out of PS. Case No.-80 Year-2026 Thana- Sarai P.S. District- Siwan ====================================================== Bablu Tiwari S/o Vibhuti Tiwari @ Bhabhuti Tiwari R/o Village- Papaur, P.SSarai, Dist- Siwan, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP For the Informant :
Mr. Satyendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-06-2026 Heard Mr. Prashant Kumar, learned counsel for the petitioner, Mr. Satyendra Rai, learned counsel for the Informant as well as Mr. Nand Kumar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.03.2026 in connection with Sarai P.S. Case No. 80 of 2026, F.I.R. dated 06.03.2026 for the offences punishable under Sections 126(2), 115(2), 109, 118(2), 351(3) and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant alleged that on 04.03.2026 at 04.00 P.M, the petitioner along with 30-40 persons came at the darwaza of the informant and
2/4 assaulted the informant. Then again at about 6.00 P.M, when the informant went for nature's call, the petitioner and two other accused persons came on a motorcycle and the petitioner fired upon him due to which he sustained firearm injury on his right leg.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. It appears from the FIR that altogether 3040 persons arrived at the house of the informant and assaulted the informant and thereafter the petitioner opened fire at the informant causing firearm injury to his right leg. He next submits that from bare perusal of the medical legal report (Annexure-2) it appears that the allegation as alleged in the FIR is not supported by the medical evidence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 11.03.2026.
5. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he fired
3/4 upon the informant and the informant has received firearm injury on his leg and apart from that the petitioner carries two criminal antecedent other than the present one but fairly submits that petitioner is on bail in one case.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 C.J.M., Siwan in connection with Sarai P.S. Case No. 80 of 2026, subject to the 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
4/4 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) Suruchi/- U T