Amit Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88657 of 2025 Arising Out of PS. Case No.-244 Year-2025 Thana- TARAIYA District- Saran ====================================================== Amit Tiwari Son of Krishna Tiwari Resident of Village - Chanchaliya, PsTaraiya, Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103 (1) and 3 (5) of the BNS.

3. The case of the prosecution is that the petitioner along with other accused persons alalegedly arrived at the place of occurrence armed with 'lathi', 'danda' and 'knife' and started assaulting the son of the informant, namely, Amit Dubey. It is further alleged that when the inmates of the informant's house raised alarm and attempted to rescue him, the co-accused, namely, Ankit Pathak inflicted a 'knife' blow on the chest of the informant's son indiscriminately.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.88657 of 2025(2) dt.06-01-2026 2/2 connection with the present case. It is further submitted that from the perusal of the order passed by the learned trial Court, it is clear that, as per the post-mortem report, the cause of death was hemorrhage and shock due to stab injury. It is further submitted that the specific and overt act of stabbing has been attributed to co-accused, namely, Ankit Pathak and that the petitioner is merely a member of the MOB without any specific role being assigned to him. Moreover, the petitioner is languishing in judicial custody since 23.08.2025 having no criminal antecedent.

5.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Taraiya P.S. Case No. 244 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-13, Saran at Chapra. (Ashok Kumar Pandey, J) Jagdish/- U T