Nitesh Kumar Tiwari @Nitesh Tiwari@ Ritesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38437 of 2025 Arising Out of PS. Case No.-197 Year-2024 Thana- KOPA District- Saran ====================================================== Nitesh Kumar Tiwari @Nitesh Tiwari@ Ritesh Tiwari S/o- Tarkeshwar Tiwari R/o Village- Bankata Ps- Kopa Dist- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Nandan, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2025 Heard Mr.Ravi Nandan, learned counsel for the petitioner and Mr.Ashok Kumar Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kopa P.S.Case No.197 of 2024, FIR dated 06.11.2024 registered for the offences punishable under Sections 126(2),115(2),353,118(1),109,74,303(2),117(2),3(5) of B.N.S., 2023.

3. Allegation against the petitioner is that he alongwith other accused persons having sword, fars, daab, rod and danda have assaulted to the informant and his other family members.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.38437 of 2025(2) dt.14-07-2025 2/2 implicated in the present case. It appears from the FIR that due to petty dispute the present occurrence had taken place and there is case and counter case and the petitioner has not committed any offence as alleged in the FIR.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has assaulted to one Rina Devi and she has received the injury in her head and injury report of Rina Devi suggests that the injury is grievous in nature.

6. Considering the aforesaid fact and injury inflicted upon Rina Devi is grievous in nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Kopa P.S.Case No.197 of 2024 pending in the court of learned J.M.-1st Class, Saran at Chapra.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T