Ashish Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35557 of 2025 Arising Out of PS. Case No.-128 Year-2025 Thana- BETTIAH CITY District- West Champaran ====================================================== Ashish Tiwari Son of Late Vinod Tiwari Resident of New Colony Dak Bangla, P.S.- Bettiah Town, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girijish Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma For the Informant :

Mr. Avinash Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bettiah Town P.S. Case No. 128 of 2025 dated 15.03.2025 registered for the offences punishable u/ss 126(2), 115(2), 118(2), 109(1), 324(1), 329(1) read with section 3(5) of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with the other co-accused persons came variously armed at the door of the informant and hurled abuses upon him. It is further alleged that on protest, the co-accused Rajan Singh assaulted with Lathi on the head of the informant due to which he

Patna High Court CR. MISC. No.35557 of 2025(3) dt.14-07-2025 2/3 sustained injury. When the informant's cousin Rohit Tiwari, came to the rescue, the petitioner also stabbed in his abdomen causing severe injury. It is further alleged when the the informant's daughter and brother came to rescue, the other accused persons also assaulted them.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 22.05.2025 passed in Cr. Misc. No. 35276 of 2025. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 16.03.2025.

5. Learned counsel for the Informant as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of stabbing the cousin of the informant due to which he sustained grievous injury.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.35557 of 2025(3) dt.14-07-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Bettiah in connection with Bettiah Town P.S. Case No. 128 of 2025, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T