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
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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
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Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the State : Mr.Binod Kumar, APP
for the Informant : Mr. Suresh Prasad, Advocate
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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.
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
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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
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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.
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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
