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Patna High Court

Manu Tiwary @ Monu TiwaryversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Manu Tiwary was arrested in connection with a stabbing incident that left the informant with thirteen injuries, three of which were grievous, and was charged under several sections of the Bhartiya Nyaya Sanhita. The petitioner argued that the FIR contained only a general, omnibus allegation, that witnesses altered their statements after the FIR, and that he was falsely implicated, noting that a co‑accused had previously been granted regular bail. The State contended that the assault was severe and that specific witness testimony implicated the petitioner, opposing bail. The court examined the nature of the allegations, the change in witness statements, and the precedent of bail granted to a co‑accused. Considering the circumstances, the court ordered the petitioner’s release on regular bail upon furnishing a bond and sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with serious offences under the Bhartiya Nyaya Sanhita.
  • Whether the general and omnibus nature of the FIR allegations precludes the grant of bail.
  • Whether the alteration in witness statements after the FIR affects the bail decision.
  • Whether the bail granted to a co‑accused in a related matter is relevant to the petitioner's bail application.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • assault
  • stabbing
  • witness testimony
  • omnibus allegation
  • Bhartiya Nyaya Sanhita
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.31777 of 2026
                       Arising Out of PS. Case No.-58 Year-2026 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Manu Tiwary @ Monu Tiwary S/o Dhananjay Tiwary R/o Village- Belhi
                 Khas, PS- Kateya, District- Gopalganj
                                                                      ... ... Petitioner
                                                    Versus
                 The State of Bihar                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner      :         Mr. Ajay Mishra, Advocate
                 For the Opposite Party-State:     Mr. Binod Kumar, APP
                 For the Informant       :         Mr. Vyas Kumar Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   24-06-2026                     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 regular bail in connection with

                   Kateya P.S. Case No. 58 of 2026, dated 01.02.2026, registered

                   for the offence under Sections 126(2), 115(2), 118(1), 109 and

                   and 3(5) of the Bhartiya Nyaya Sanhita.

                                3. The allegation is that the petitioner along with three

                   other co-accused persons allegedly stabbed the informant due to

                   which he sustained 13 injuries out of which three injuries were

                   found to be grievous.

                                4. Learned counsel for the petitioner has submitted

                   that there is general and omnibus allegation against the

                   petitioner and he has been falsely implicated in this case. It has

                   further been submitted that the parties are agnates and there is

                   long standing dispute between the co-accused Dhananjay
Patna High Court CR. MISC. No.31777 of 2026(3) dt.24-06-2026
                                            2/3




          Tiwary and the informant. The informant in his own statement

          and re-statement has not assigned any specific role to any co-

          accused persons including the petitioner. Learned counsel for

          the petitioner has further submitted that after 16 days of the

          lodging of the FIR, witnesses, examined during the course of

          investigation, have suddenly changed their version and have

          assigned specific role against the petitioner, although the prior

          investigation reveals that the witnesses were stating the

          allegation to be general and omnibus in nature. It has further

          been submitted that the informant was the best eyewitness of the

          occurrence and he has alleged allegation in general and omnibus

          terms. It has been further submitted that the petitioner has been

          accused in four other cases, but not of similar nature and he is

          on bail in those cases. It has further been submitted that the

          petitioner is in judicial custody since 02.02.2026, charge-sheet

          has been filed against him and there is no allegation of

          tampering. It has lastly been submitted that co-accused Pankaj

          Tiwary @ Tiddu, against whom there is general and omnibus

          allegation in the FIR like that of the petitioner, has been

          extended the privilege of regular bail by a coordinate Bench of

          this Court by order dated 20.05.2026 passed in Cr. Misc. No.

          34252 of 2026.
          Patna High Court CR. MISC. No.31777 of 2026(3) dt.24-06-2026
                                                      3/3




                                  5. Learned A.P.P. for the State and learned counsel for

                    the informant vehemently opposed the prayer for regular bail of

                    the petitioner and submitted that petitioner along with co-

                    accused persons has mercilessly assaulted the informant and 13

                    stab wounds were found on the person of the injured. It has

                    further been submitted that during the course of investigation,

                    witnesses have specifically stated about the assault made by the

                    petitioner.

                                  6. Heard learned counsel for the parties and perused

                    the record.

                                  7. Considering the facts and circumstances of the case

                    and the parity, 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 ACJM-VI, Gopalganj, in connection with Kateya P.S.

                    Case No. 58 of 2026.

                                  8. The application stands allowed accordingly.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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