Nagendra Tiwary @ Sonu Tiwary @ Soni Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73386 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- DINARA District- Rohtas ====================================================== 1.

Nagendra Tiwary @ Sonu Tiwary @ Soni Tiwary Son of Rajendra Tiwary R/o Village - Tetarhar, P.S. - Dinara, Dist. - Rohtas. 2.

Narendra Tiwary @ Manu Tiwary Son of Rajendra Tiwary R/o Village - Tetarahar, P.S. - Dinara, Dist. - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 126(2), 109, 351(2), 352, 303(2) and 3(5) of the BNS.

3. Learned counsel for the petitioners submits that petitioner no. 1 is a person with clean antecedent and petitioner no. 2 has antecedent of two cases and the informant alleges that accused persons came and started constructing on her land. On objection, Hari Om Tiwary and Golu Tiwary @ Chotu also came and Hari Om Tiwary assaulted the informant by lathi casing injury on her waist. Thereafter petitioner no. 1 assaulted her by Gandasa causing injury on her head and petitioner no. 2

Patna High Court CR. MISC. No.73386 of 2025(2) dt.17-11-2025 2/3 fired in the air and Golu Tiwary @ Chotu snatcher her chain.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is further submitted that the petitioners were constructing their house on their own land but then it was informant's side who became aggressive claiming that the land belongs to them. It is next submitted that petitioner no. 1 is alleged to have assaulted the informant by Gandasa causing injury on her head but then the injury suffered by the injured has been opined to be simple in nature. It is also submitted that on account of dispute relating to land, an altercation had taken place in which both sides assaulted each other. It is further submitted that as far as petitioner no. 2 is concerned, the allegation against him is ornamental of firing in the air when the FIR has not been instituted under the Arms Act.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.73386 of 2025(2) dt.17-11-2025 3/3 anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Dinara P.S. Case No. 126 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Satyavrat Verma, J) Kundan/- U T