Sanjay Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77606 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- THAWE District- Gopalganj ====================================================== 1.
Sanjay Tiwari S/o Late Kedar Tiwari R/o Village- Goniyar, PS- Thawe, District- Gopalganj 2.
Sunil Tiwari @ Sunil Kumar Tiwari S/o Late Kedar Tiwari R/o VillageGoniyar, PS- Thawe, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vyas Kumar Mishra, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-11-2025
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 126(2), 115(2), 118(1), 117(2), 109, 303(2) and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 31.07.2025, at 06:30 p.m., while he was on his way to Hanuman Mandir when he was intercepted by the accused persons including the petitioners and Sanjay Tiwari (petitioner no. 1) assaulted the informant by sword causing injury on his head. Thereafter, Sunil Tiwari @ Sunil Kumar Tiwari (petitioner no. 2) dashed him on the ground and snatched
Patna High Court CR. MISC. No.77606 of 2025(2) dt.19-11-2025 2/3 his chain and assaulted by lathi. Further, Juman Tiwari also assaulted the informant by lathi causing injury on his back and thereafter two villagers brought him to the hospital and he received five stitches on his head.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that from the side of the petitioners Thawe P.S. Case No. 170 of 2025 has been instituted against the informant and his side, as such, the instant FIR is a counterblast. It is next submitted that on account of assault meted to be brother of the petitioners from the side of the informant he died. It is also submitted that the injury suffered by the injured in the instant case is simple caused by hard blunt substance as would manifest from Annexure-2 to the anticipatory bail application. It is further submitted that sword is a sharp edged weapon when the injury has been found to be caused by hard blunt substance.
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
Patna High Court CR. MISC. No.77606 of 2025(2) dt.19-11-2025 3/3 court within a period of six weeks from today, be released on 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 Thawe P.S. Case No. 171 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Satyavrat Verma, J) Kundan/- U T