Patna High Court
Raju Kumar Tiwari @ Sunil Tiwari @ Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Raju Kumar Tiwari and Birendra Tiwari, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, relating to alleged free‑fighting and assault on the informant’s sister resulting in a fractured finger. They contended that no specific allegation of assault was made against them and that they have only one disclosed criminal antecedent. The State opposed the bail, arguing the seriousness of the offences. The Court examined the lack of a direct charge against the petitioners, the existence of a case‑and‑counter‑case, and the limited criminal history, and consequently exercised its power under Section 482(2) of the B.N.S. to grant anticipatory bail. The order directed the petitioners to furnish a bail bond of Rs 10,000 with two sureties each, subject to conditions laid down by the Judicial Magistrate of Gopalganj.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether there is a specific allegation of assault against the petitioners sufficient to deny bail.
- Whether the petitioners’ limited criminal antecedent warrants the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 127(2), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- assault allegation
- bail bond
- case and counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2509 of 2026
Arising Out of PS. Case No.-292 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
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1. Raju Kumar Tiwari @ Sunil Tiwari @ Sunil Kumar son of Birendra Tiwari
Resident of Village -Shankarpur PS -Baikunthpur District- Gopalganj
2. Birendra Tiwari son of Late Satya Narayan Tiwari Resident of Village
-Shankarpur PS -Baikunthpur District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 115(2), 117(2),
118(1), 109(1), 126(2), 127(2), 351(3) and 352 read with
Section 3(5) of the B.N.S., 2023.
3. Allegation against the petitioners is that there is free
fighting between the parties and informant’s side sustained
injury. The further allegation is that when informant’s sister
Indu Devi came to rescue then the informant and his younger
brother then Balindra Tiwary (petitioner No.2) caught her hairs
and threw on the ground and Gita Devi gave axe blow
Patna High Court CR. MISC. No.2509 of 2026(2) dt.28-01-2026
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resultantly her right finger became cut and fractured.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. He further submits that there is no specific
allegation against the petitioners of assault and the petitioners
have only one criminal antecedent, as statement made in para 3
of the bail application.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that there is no specific allegation of
assault against any of the the petitioners and there is only one
criminal antecedent as disclosed in paragraph 3 of the
application in which the petitioners are on bail and further from
the averments made in paragraph 7 of the application, it
transpired that there is case and counter case between the
parties, I am inclined to grant privilege of anticipatory bail to
the petitioners.
7. Let the petitioners, as named above, in the event of
their arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.2509 of 2026(2) dt.28-01-2026
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the satisfaction of the learned Judicial Magistrate, Ist Class,
Gopalganj, in connection with Baikunthpur P.S. Case No. 292 of
2025, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
sanjeev/-
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