Patna High Court
Jagnarayan Tatva @ Jagnarayan TatwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Security Act — s. 480(3)
- Indian Penal Code — s. 307, 326, 452, 458, 498A
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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