Shivji Tiwari @ Shivji Tiwary vs The State Of Bihar on 5 August, 2026

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    Patna High Court – Orders

    Shivji Tiwari @ Shivji Tiwary vs The State Of Bihar on 5 August, 2026

    Author: Arun Kumar Jha

    Bench: Arun Kumar Jha

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.53325 of 2026
                           Arising Out of PS. Case No.-379 Year-2021 Thana- RIVILGANJ District- Saran
                     ======================================================
               1.     Shivji Tiwari @ Shivji Tiwary Son of Late Ramdhyan Tiwari Resident of
                      Village- Tekniwas, P.S.- Revilganj, Dist.- Saran at Chapra
               2.    Nitesh Kumar Tiwari @ Munna @ Nitesh Kumar Tiwary @ Nitesh Tiwary
                     @ Manna Son of Shivji Tiwari Resident of Village- Tekniwas, P.S.-
                     Revilganj, Dist.- Saran at Chapra
    
                                                                                       ... ... Petitioner/s
                                                            Versus
                     The State of Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :        Mr.Chandra Mohan Jha, Advocate
                     For the State            :        Mr.Binod Kumar, APP
                     for the Informant        :        Mr. Suresh Prasad, Advocate
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                           ORAL ORDER
    
    2   05-08-2026

    Heard learned counsel for the petitioners, learned

    counsel for the informant and learned APP for the State.

    SPONSORED

    2. In the present case, the petitioners seek bail in

    connection with Revilganj P.S. Case No. 379 of 2021, registered

    for the offences under Sections 302, 387, 379, 504, 506, 34 of

    the Indian Penal Code.

    3. As per the prosecution case, petitioners and other

    coaccused persons came to the medical shop of the father of the

    informant. They were variously armed and they demanded Rs.1

    lakh as extortion money from the informant. When the

    informant and his father opposed their demands, on orders of

    petitioner Shivji Tiwari, petitioner Nitesh Tiwari and coaccused
    Patna High Court CR. MISC. No.53325 of 2026(2) dt.05-08-2026
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    Suresh Tiwari assaulted the father of the informant with knife

    and he fell down. The assailants took away Rs. 20,000/- from

    the cash box of the shop and threatened the informant with dire

    consequences for not making payment of the extortion amount.

    The father of the informant died while undergoing treatment.

    4. Learned counsel appearing on behalf of the

    petitioners submits that the petitioners are innocent and they

    have been falsely implicated in this case. No occurrence in the

    manner as alleged has ever taken place. The informant is not an

    eye witness but he claims himself to be an eye witness. On the

    date of occurrence, he was at his place of employment and

    merely on hearsay he has lodged this false case. This false case

    was lodged after the post mortem was conducted. The

    prosecution story is not believable on the ground that petitioner

    claims himself to be an eye witness but he did not intervene and

    did not try to save his father, the informant did not receive a

    single injury. In fact the informant and his associates destroyed

    the property of the petitioner and set all the articles on fire. The

    wife of the petitioner no. 01 has lodged Revilganj P.S. Case No.

    385 of 2021 dated 31.10.2021 against the informant and other

    for the offences under sections 147, 148, 149, 447, 448, 454,

    354, 435, 427, 323, 120B of the IPC. The SHO has also lodged
    Patna High Court CR. MISC. No.53325 of 2026(2) dt.05-08-2026
    3/5

    a separate case for the aforesaid occurrence against the

    informant and others vide Revilganj P.S. Case No. 382 of 2021

    dated 29.10.2021 under Section 147, 341, 342,353,323, 379,

    427, 504 of the IPC. During the course of investigation the

    police did not find involvement of the petitioner and only two

    coaccused persons namely Suresh Tiwari and Priyaranjan Tiwari

    were found involved and sent up for trial. The petitioners and

    other coaccused persons were never sent up for trial and police

    submitted final form against the petitioners on 29.08.2022 but

    the learned Judicial Magistrate took cognizance on 11.03.2025

    for the offences under section 302, 387, 379, 504, 506, 34 of the

    IPC against the petitioners and other coaccused persons as well.

    Learned counsel further submits that there is no material to

    show the involvement of the petitioner in killing of the father of

    the informant. Petitioner no. 1 has antecedent of two cases and

    he is on bail in both the cases and petitioner no. 2 is has no

    criminal antecedent. The petitioners are in custody since

    05.05.2026.

    5. Learned APP appearing for the State as well as

    learned counsel for the informant vehemently oppose the

    submission made on behalf of the petitioners. Learned counsel

    for the informant submits that there is specific allegation against
    Patna High Court CR. MISC. No.53325 of 2026(2) dt.05-08-2026
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    petitioner no. 01 that he gave order for killing of the father of

    the informant and thereafter, petitioner no. 2 and coaccused

    Suresh Tiwari stabbed him and the father of the informant died

    during the course of his treatment.

    6. Having regard to the fact and circumstances and

    submission made on behalf of the parties and considering the

    fact that the petitioners were exonerated and not sent up for trial

    by the police finding no evidence against them and also

    considering their period of custody and submission of charge

    sheet against them, the petitioners are directed to be released on

    bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten

    Thousand Only) each with two sureties of the like amount each

    to the satisfaction of learned JMFC, Saran at Chapra/concerned

    court, in connection with Revilganj P.S. Case No. 379 of 2021,

    subject to the condition laid down under Section 480(3) of the

    BNSS and other following conditions:

    (i) One of the bailors will be a close

    relative of the petitioners.

    (ii) The petitioners will remain present on

    each and every date fixed by the court

    below, if so required by the learned trial

    court.

    Patna High Court CR. MISC. No.53325 of 2026(2) dt.05-08-2026
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    (iii) In case of absence on three

    consecutive dates or in violation of the

    terms of the bail, the bail bond of the

    petitioner will be liable to be cancelled

    by the court concerned.

    (Arun Kumar Jha, J)
    anuradha/-

    U      T
     



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