Shivam Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38610 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- KOPA District- Saran ====================================================== Shivam Tiwari, S/o- Umashankar Tiwari @ Uma Shankar Tiwari, r/o VillageBankata, 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 State :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Kopa P.S. Case No. 197 of 2024 dated 6.11.2024 registered for the offences punishable under Sections 126(2), 115(2), 352, 118(1), 109, 74, 303(2), 117(2) and 3(5) of B.N.S., 2023.
3. As per allegation, on account of land dispute, altercation took place between the informant and petitioner sides leading to injury on both sides and lodging of case and counter case.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that similarly situated co-accused
Patna High Court CR. MISC. No.38610 of 2025(2) dt.25-06-2025 2/3 Kavita @ Kanak Kumarai and Lokesh Tiwari @ Lokesh Kumar Tiwari have been enlarged on anticipatory bail by Co-ordinate Benches of this Court vide orders dated 2.4.2025 and 21.4.2025 passed in Cr. Misc. Nos.17351 of 2025 and 17446 of 2025 respectively.
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 no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, case and counter case, 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 furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned court below in connection with Kopa P.S. Case No. 197 of 2024, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the
Patna High Court CR. MISC. No.38610 of 2025(2) dt.25-06-2025 3/3 following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, 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) S.Ali/- U T