Patna High Court
Dheeraj Tiwary @ SansandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S., 2023.
Summary
The petitioner, Dheeraj Tiwary, was named in FIR No. 99 of 2025 for alleged assault on an informant and his family under several sections of the B.N.S., 2023. He claimed a clean antecedent and that the allegations were fabricated, seeking bail. The prosecution opposed bail, arguing the seriousness of the offences. The court noted that the informant sustained three injuries, two simple and one grievous to a non‑vital part, and that the petitioner had no prior record. Applying Section 438(2) of the CrPC and Section 482(2) of the B.N.S., 2023, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the nature of the offences alleged under the B.N.S., 2023
- Whether the petitioner’s clean antecedent and the nature of the injuries justify bail under Section 438 CrPC
Legislation cited
- B.N.S., 2023 — s. 109, 115, 126, 190, 191, 3, 482
- Code of Criminal Procedure — s. 438
Subjects
- bail
- Criminal Procedure Code
- B.N.S. 2023
- assault
- clean antecedent
- section 438
- section 482
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89549 of 2025
Arising Out of PS. Case No.-99 Year-2025 Thana- Dhobaha District- Bhojpur
======================================================
Dheeraj Tiwary @ Sansand S/O Kariya Tiwary R/O Village- Sundarpur Barja,
P.S. - Dhobaha, District- Bhojpur at Ara, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Chandan Kumar, learned counsel for the
petitioner and Mr. Ram Sumiran Rai, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Dhobaha P.S. Case No. 99 of 2025, F.I.R. dated
25.09.2025 for the offences punishable under Sections 126(2),
115(2), 191(2), 191(3), 190, 109(1) and 3(5) of the B.N.S.,
2023.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant
and his family members with lathi and danda.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.89549 of 2025(2) dt.12-01-2026
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petitioner has not committed any offence as alleged in the F.I.R.
There is case and counter case. From perusal of the F.I.R. itself
it appears that the petitioner is named in the F.I.R. and there is
no specific allegation of assault against the petitioner rather the
allegation are general and omnibus allegation against all the
accused persons including this petitioner. Informant has
received three injuries out of which two injuries are found to be
simple in nature and one injury which is grievous in nature is
upon left hand of the informant
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, informant has received three
injuries out of which two are simple in nature and one is
grievous which is non-vital part of the body, let the petitioner,
above named, in the event of his arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, 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 the learned Chief Judicial
Magistrate, Bhojpur at Ara or his/her successor court in
connection with Dhobaha P.S. Case No. 99 of 2025, subject to
Patna High Court CR. MISC. No.89549 of 2025(2) dt.12-01-2026
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the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of BNSS, 2023 and with
other following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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