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Patna High Court

Dheeraj Tiwary @ SansandversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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