Jaiprakash Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48321 of 2026 Arising Out of PS. Case No.-99 Year-2026 Thana- BARAULI District- Gopalganj ====================================================== Jaiprakash Tiwari S/o Kunjbihari Tiwari R/o Village - Pachrukhiya, PS - Barauli, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Radha Mohan Singh, Adv.
Mr.Vikash Kumar Shukla, Adv.
For the Opposite Party/s :
Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-07-2026 Heard Mr. Radha Mohan Singh, learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 99 of 2026, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 352, 351(2), 303(2), 3(5) of the BNS.
3. Allegedly in the morning of 16.03.2026, when the informant along her husband came to their village, they found that some persons have put a lock in their house and when the informant attempted to break the same, the petitioner along with others rushed there and this petitioner has assaulted the informant's husband by means of sword over his head due to
Patna High Court CR. MISC. No.48321 of 2026(2) dt.22-07-2026 2/3 which he sustained serious injuries. There is further allegation against other co-accused persons of causing assault and snatching valuables.
4. Learned Advocate for the petitioner referring to the FIR contended that there was land dispute pending between the parties which resulted into some scuffle leading to unfortunate injuries. However, the injuries which are allegedly sustained to the informant's husband the same have been found to be simple in nature and this fact has also been admitted by the learned court below. There is counter version of the present case being Barauli P.S. Case No. 100 of 2026 instituted by the petitioner against the informant's husband and others. The petitioner is carrying no criminal antecedent and he undertakes that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that there is specific accusation against the petitioner of causing sword blow over the vital part of the body of the informant's husband.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of simple nature of injury, coupled with the genesis of the
Patna High Court CR. MISC. No.48321 of 2026(2) dt.22-07-2026 3/3 occurrence as also the fair antecedent of the petitioner, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj in connection with Barauli P.S. Case No. 99 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T