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Patna High Court

Jagnarayan Tatva @ Jagnarayan TatwaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail be granted to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.

Summary

The petitioner, Jagnarayan Tatva, was arrested in connection with an alleged acid attack on his estranged wife, Sawita Kumari, and charged under IPC sections 498A, 458, 452, 307 and 326. He applied for bail, claiming innocence, a clean antecedent, and that the allegations were fabricated to affect child‑custody disputes. The State opposed the bail on the seriousness of the offences. The court examined the petitioner’s custody period, clean record, and the submission of a charge‑sheet, and found no compelling reason to deny bail. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions prescribed under Section 480(3) of the BNSS and additional personal surety requirements. The bail order was conditioned on the petitioner’s regular appearance before the court and compliance with the stipulated terms.

Issues considered

  • Whether bail should be granted to the accused in offences under IPC sections 498A, 458, 452, 307 and 326.
  • Whether the petitioner’s clean antecedent and period of custody justify granting bail.
  • Whether the conditions under Section 480(3) of the BNSS are applicable to this bail application.

Legislation cited

Subjects

  • bail
  • acid attack
  • Indian Penal Code
  • Section 498A
  • Section 307
  • court conditions
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18921 of 2026
                          Arising Out of PS. Case No.-29 Year-2022 Thana- SIMRI District- Buxar
                 ======================================================
                 Jagnarayan Tatva @ Jagnarayan Tatwa S/o Birendra Tatva @ Birendra Tatwa
                 R/o - Arjunpur, P.S - Ram Das Rai ka Dera, District – Buxar.

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Sawita Kumari

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Nuzhat Perween, Advocate
                 For the Opposite Party/s :        Mr. Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

6   24-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Simri (Hata O.P.) P.S. Case No. 29 of 2022

                   registered for the alleged offences under Sections 498(A), 458,

                   452, 307 and 326 of the Indian Penal Code.

                                03. As per prosecution case, the petitioner has been

                   married with the informant and due to strained relationship, the

                   informant started living separately from the petitioner. The

                   allegation against this petitioner is that in the nigh of

                   18.01.2022/19.01.2022, he entered into the parental home of the

                   informant and threw acid on the informant, causing burn injury

                   to her.
Patna High Court CR. MISC. No.18921 of 2026(6) dt.24-06-2026
                                            2/3




                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. No occurrence in the manner as alleged has ever taken

          place. The petitioner has been living separately from the

          informant and there was no reason for the petitioner to go and

          throw acid on the informant. The petitioner is a labourer. There

          is dispute over custody of the child of the couple and in order to

          prevent the petitioner from taking the custody of the child, the

          informant has cooked up this story. Learned counsel further

          submits that the prosecution story is also not believable for the

          reason that it was not possible for any outsider to enter into the

          house of the informant in dead of the night and throw acid upon

          her.    Learned counsel further submits that the petitioner is

          having clean antecedent and is in custody since 24.07.2025.

          Ccharge-sheet has been submitted.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner and his clean antecedent

          along with submission of charge-sheet, the petitioner above

          named is directed to be released on bail on furnishing bail bonds
           Patna High Court CR. MISC. No.18921 of 2026(6) dt.24-06-2026
                                                       3/3




                     of Rs. 10,000/- (ten thousand) with two sureties of the like

                     amount each to the satisfaction of learned Judicial Magistrate 1 st

                     Class, Buxar/court concerned in connection with Simri P.S.

                     Case No. 29 of 2022 (G.R. No. 155 of 2022), subject to the

                     conditions mentioned in Section 480(3) of BNSS and the

                     following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (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)
Ashish/-

U      T


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