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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50886 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Arabind Tiwari @ Arabind Kumar Tiwari S/o- Late Dineshwar Tiwari Resident of village- Kumhau P.S. Sheosagar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyaya, A.P.P.

For the Informant :

Mr. Shekhar Singh, Sr. Advocate Mr. Bijay Prakash Singh, Advocate Mr. Sumit Kumar, Advocate Mr. Hari Om, Advocate Mr. Prasoon Shekhar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner, Mr. Shekhar Singh, learned Senior Counsel for the informant as well as learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barun P.S. Case No. 20 of 2025, registered for the offences punishable under Sections 103(1), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner along with his two sons and others has been accused of conspiring to engage hired assailants to kill the deceased.

4. From the materials available on record, it appears that though the petitioner and his two sons have been named as

Patna High Court CR. MISC. No.50886 of 2025(2) dt.18-09-2025 2/3 accused, there is no specific allegation against the petitioner, who is a 60-year-old person, of having entered into any conspiracy. It further appears that the entire family of the petitioner has been made accused in this case. The allegation against the petitioner is of conspiring to kill the deceased by hiring criminals for money, which resulted in the death of the deceased.

5. However, from the materials on record and the order-sheets produced by the learned Senior Counsel for the informant, there does not appear to be any specific material to show that the petitioner participated in the conspiracy to kill the deceased.

6. Learned A.P.P. and learned counsel for the informant have vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad/ concerned Court below in connection with Barun P.S. Case No. 20 of 2025.

9. As a condition of this order, the petitioner, after

Patna High Court CR. MISC. No.50886 of 2025(2) dt.18-09-2025 3/3 being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed in the trial. Noncompliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Neha/- U T