Bipin Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74562 of 2025 Arising Out of PS. Case No.-117 Year-2024 Thana- KOCHAS District- Rohtas ====================================================== 1.
Bipin Tiwari Son of Onkar Nath Tiwari @ Bishambhar Nath Tiwari VillageSheopur, PS- Kochas, District- Rohtas 2.
Abhijeet Tiwari Son of Sridhar Tiwari Village- Sheopur, PS- Kochas, District- Rohtas 3.
Shivam Tiwari Son of Shambhunath Tiwari Village- Sheopur, PS- Kochas, District- Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Choubey, Advocate For the State :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Kochas P.S. Case No. 117 of 2024 registered for the offence under Sections 341, 323, 506, 504, 353 and 34 of the Indian Penal Code, lodged on 19.04.2024 by the informant, Sanjay Singh.
3. As per the prosecution story, the informant alleged that during vehicle checking, they found a motorcycle with three persons on it moving in a rash and negligent manner. When the Police tried to stop, they moved ahead, returned and later abused the Policement after having caught hold of their uniform. This
2/4 led to the F.I.R.
4. Learned counsel for the petitioner submits that while one of them is a Teacher, the other two are preparing for competitive examinations, have no role to play in the matter and the name has come in the confession of Mantu, they have no criminal antecedent. Last submission is that without accepting the allegation or outcome of the present petition, the petitioner no.1, Bipin Tiwari intends to pay Rs.5,000/- and petitioner no. 2 and 3, namely Abhijeet Tiwari and Shivam Tiwari intend to pay Rs.2,500/- each (all totaling Rs.10,000/-) to the Kochas Police Station for the purchase of flower pots/beautification of the campus by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond.
5. Learned APP opposes the prayer submitting that they have tried to obstruct the Police in discharging the official duties and also caught hold of their collar.
6. It is unfortunate that the petitioners claims themselves to be Teacher/preparing for competitive examinations, little realizing that one black spot will prohibit them from entering into any government job, though the allegation is grave of having caught hold of the uniform of the
3/4 Police, in view of the undertaking given by them that they will not indulge in any such activity, have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs.5,000/- by the petitioner no.1, Bipin Tiwari and Rs.2,500/- each by the petitioner no. 2 and 3 namely Abhijeet Tiwari and Shivam Tiwari (all totaling Rs.10,000/-) for the purchase of flower pots/beautification of the campus as undertaken by the learned counsel for the petitioners through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of the bail bond and the same shall be handed over to the S.H.O. Kochas Police Station after checking credentials.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Judge-VIII-cum-Additional Chief Judicial Magistrate, Sasaram, Rohtas, in connection with Kochas P.S. Case No. 117 of 2024 subject to the following conditions:- (i) one of the bailor should be the family
4/4 member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark their attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T