Patna High Court
Nitesh Tiwari @ Nitesh Tiwary @ Ritesh @ Ritesh Tiwari @ Ritesh TiwaryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Nitesh Tiwari, was charged in Kopa Police Station Case No. 197 of 2024 for offences under several sections of the Bhartiya Nyaya Sanhita, 2023, including assault with lethal weapons and robbery. The allegations state that he, along with co‑accused, attacked an informant and his family, causing simple and grievous injuries, and that he personally assaulted Rina Devi with a sword. The petitioner argued that the injuries were minor, that the assault was a result of a petty dispute without pre‑meditation, and that he has no prior criminal record. The State opposed bail, contending that the petitioner actively participated in the violent offence. After hearing both sides and reviewing the record, the court held that the circumstances did not warrant continued detention and ordered bail. Consequently, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita, 2023
- Whether the alleged participation of the petitioner in the assault and the nature of injuries justify denial of bail
- Whether the absence of pre‑meditation and lack of prior criminal record favor the grant of bail
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352, 74
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- assault
- weapon offence
- pre‑meditation
- injury
- petty dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13234 of 2026
Arising Out of PS. Case No.-197 Year-2024 Thana- KOPA District- Saran
======================================================
Nitesh Tiwari @ Nitesh Tiwary @ Ritesh @ Ritesh Tiwari @ Ritesh Tiwary
S/O Tarkeshwar Tiwari R/O Village- Bankata, P.S- Kopa, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Kumar Singh
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner seeks bail in connection with Kopa
P.S. Case No. 197 of 2024, dated 06.11.2024, registered for the
offence under Sections 126 (2), 115 (2), 352, 118 (1), 109, 74,
303 (2), 117 (2), 3 (5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the allegation, the petitioner along with
named co-accused persons and unknown persons, variously
armed with lethal weapons, came at the door steps of the
informant and started abusing the informant. It has been alleged
that upon the order of co-accused Ghanshyam Tiwari and
Tarkeshwar Tiwari, all the accused persons including this
petitioner started assaulting the informant and his family
members, due to which they became seriously injured. It has
Patna High Court CR. MISC. No.13234 of 2026(4) dt.06-05-2026
2/3
further been alleged that co-accused Ghanshyam Tiwari
snatched gold chain from the neck of Sanjay Tiwari, thereafter
all the accused persons assaulted them with rod. It has further
been alleged that when Rina Tiwari, Manish Tiwari and Rajnish
Tiwari tried to intervene, then, it is specifically alleged, that
petitioner assaulted over the head of Rina Devi by means of
sword.
4. Learned counsel for the petitioner has submitted
that the injury report of the injured Rina Devi goes to show that
she has received simple injury on head and the grievous injury
is on hand, which is on non-vital part of the body, and that is not
specifically attributed to the petitioner. As regards other injured
persons, there is general and omnibus allegation and most of
them received simple injury except one, which is grievous in
nature, and there is specific accusation of assault upon injured
Sanjay Tiwari against co-accused Pravin Tiwari and Hemant
Tiwari. There is case and counter between parties and the
occurrence took place on account of a petty dispute without any
pre-meditation to kill. It has been submitted that the petitioner is
in custody since 13.01.2026 and has got no criminal antecedent.
5. Learned A.P.P. for the State and the informant
vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.13234 of 2026(4) dt.06-05-2026
3/3
Learned counsel for the informant has further submitted that the
petitioner actively took part in the alleged offence.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the, above named, petitioner 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 learned
Judicial Magistrate, Saran at Chapra, in connection with Kopa
P.S. Case No. 197 of 2024.
(Praveen Kumar, J)
Pawan/-
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