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Patna High Court

Nitesh Tiwari @ Nitesh Tiwary @ Ritesh @ Ritesh Tiwari @ Ritesh TiwaryversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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/-

U     T


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