Madho Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87667 of 2025 Arising Out of PS. Case No.-292 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Madho Tiwari S/o Late Dharamdeo Tiwari @ Dharmdev Tiwari RO VillageShankarpur, PS- Baikunthpur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi, Advocate :
Mr. Himanshu Ranjan, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-01-2026 Heard Mr. Manish Chandra Gandhi, learned counsel for the petitioner as well as Mr. Uma Shankar Prasad Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 07.10.2025 in connection with Baikunthpur P.S. Case No. 292 of 2025, F.I.R. dated 13.08.2025 for the offences punishable under Sections 115(2), 117(2), 118(1), 109(1), 126(2), 127(2), 351(3), 352 read with Section 3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that the petitioners and other co-accused persons who were armed with farsa, sword, rod, bhala, lathi-danda, came to his house and assaulted the informant and his family members causing number of injuries to them.
Patna High Court CR. MISC. No.87667 of 2025(2) dt.15-01-2026 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Although the petitioner is named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against him rather specific allegation of assault is attributed against co-accused persons, namely, Sunil Tiwari, Hemant Tiwari, Vikas Tiwari, Sanjeet Tiwari and Balindra Tiwari and there is case and counter case between the parties. He further submits that the police after investigation submitted the charge sheet and the petitioner is in custody since 07.10.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt act against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.87667 of 2025(2) dt.15-01-2026 3/3 Judicial Magistrate-1st Class, Gopalganj in connection with Baikunthpur P.S. Case No. 292 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T