Vikash Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57671 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Vikash Tiwari Son of Sharda Nand Tiwari R/o Village - Amehata, P.S. - Agiaon Bazar, Dist. - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rang Nath Choubey, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

For the Informant :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 103(1), 352, 351(2), 303(2), 3(5) of the Bharatiya Nyaya Sanhita.

3. Prosecution case, in brief, is that all the F.I.R. named accused persons, including this petitioner, forcibly entered the house of informant and committed theft of jewellery and cash. It is further alleged that upon protest, co-accused Pankaj and this petitioner caught hold of the husband of informant and co-accused Shardanand hit him with iron rod as a result of which he died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57671 of 2025(3) dt.04-11-2025 2/2 petitioner is innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that petitioner is only alleged to have facilitated the commission of offence by catching hold of the deceased. There is no allegation of assault against this petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur in connection with Agion Bazar P. S. Case No. 65 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T