Patna High Court
Manu Tiwary @ Monu TiwaryversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 3(5)
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
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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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