Nitesh Tiwari @ Nitesh Tiwary @ Ritesh @ Ritesh Tiwari @ Ritesh Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13234 of 2026 Arising Out of PS. Case No.-197 Year-2024 Thana- KOPA District- Saran ====================================================== Nitesh Tiwari @ Nitesh Tiwary @ Ritesh @ Ritesh Tiwari @ Ritesh Tiwary S/O Tarkeshwar Tiwari R/O Village- Bankata, P.S- Kopa, Distt.- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nagendra Kumar Singh For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant.
2. The petitioner seeks bail in connection with Kopa P.S. Case No. 197 of 2024, dated 06.11.2024, registered for the offence under Sections 126 (2), 115 (2), 352, 118 (1), 109, 74, 303 (2), 117 (2), 3 (5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the allegation, the petitioner along with named co-accused persons and unknown persons, variously armed with lethal weapons, came at the door steps of the informant and started abusing the informant. It has been alleged that upon the order of co-accused Ghanshyam Tiwari and Tarkeshwar Tiwari, all the accused persons including this petitioner started assaulting the informant and his family members, due to which they became seriously injured. It has
Patna High Court CR. MISC. No.13234 of 2026(4) dt.06-05-2026 2/3 further been alleged that co-accused Ghanshyam Tiwari snatched gold chain from the neck of Sanjay Tiwari, thereafter all the accused persons assaulted them with rod. It has further been alleged that when Rina Tiwari, Manish Tiwari and Rajnish Tiwari tried to intervene, then, it is specifically alleged, that petitioner assaulted over the head of Rina Devi by means of sword.
4. Learned counsel for the petitioner has submitted that the injury report of the injured Rina Devi goes to show that she has received simple injury on head and the grievous injury is on hand, which is on non-vital part of the body, and that is not specifically attributed to the petitioner. As regards other injured persons, there is general and omnibus allegation and most of them received simple injury except one, which is grievous in nature, and there is specific accusation of assault upon injured Sanjay Tiwari against co-accused Pravin Tiwari and Hemant Tiwari. There is case and counter between parties and the occurrence took place on account of a petty dispute without any pre-meditation to kill. It has been submitted that the petitioner is in custody since 13.01.2026 and has got no criminal antecedent.
5. Learned A.P.P. for the State and the informant vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.13234 of 2026(4) dt.06-05-2026 3/3 Learned counsel for the informant has further submitted that the petitioner actively took part in the alleged offence.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Judicial Magistrate, Saran at Chapra, in connection with Kopa P.S. Case No. 197 of 2024.
(Praveen Kumar, J) Pawan/- U T