Patna High Court
Jeetendra TiwariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Petitioner Jeetendra Tiwari applied for anticipatory bail in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023, alleging assault with a Gadasa. The prosecution alleged that the petitioner assaulted the victim's head, while the petitioner claimed innocence, citing an injury report showing no head injury. The State opposed the bail. The Patna High Court, after considering the facts and circumstances, allowed the anticipatory bail application, directing the petitioner to furnish bail bonds of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88645 of 2025
Arising Out of PS. Case No.-318 Year-2025 Thana- CHENARI District- Rohtas
======================================================
Jeetendra Tiwari S/o Late Baban Tiwari R/o village - Ubhawan, P.S - Chenari,
District - Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rameshwar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Chenari P.S. Case No. 318 of 2025 registered for offences
under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is said to
have assaulted the victim on his head with Gadasa.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
From the perusal of the injury report, it is evident that there is
no head injury. There is case and counter case.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
Patna High Court CR. MISC. No.88645 of 2025(2) dt.15-01-2026
2/2
6. Considering the facts and circumstances of the
case, this application for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Rohtas at Sasaram/concerned Court below in
connection with Chenari P.S. Case No. 318 of 2025 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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