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Patna High Court

Bhulawan Tiwari @ Mansha TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that, given the simple nature of the injuries, the petitioner’s clean antecedents and the six‑week period already spent in custody, bail should be granted.

Summary

The petitioner, Bhulawan Tiwari, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for stabbing an informant and another individual, resulting in simple injuries. He has no prior criminal record and has been in custody since 13 April 2026, amounting to over six weeks. The defense argued that the injuries were not grievous and that the petitioner’s clean antecedents merit bail. The prosecution opposed bail, but the court noted the nature of the injuries, the petitioner’s clean record, and the time already served as factors favoring liberty. Balancing the individual’s right to freedom against the state’s interest, the court ordered bail on a bond of Rs.10,000 with two sureties. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused considering the simple nature of injuries, lack of prior criminal record, and period already spent in custody

Legislation cited

Subjects

  • bail
  • undertrial
  • simple injuries
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • personal liberty
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36922 of 2026
                      Arising out of PS. Case No.-375 Year-2025 Thana- GORIAKOTHI District- Siwan
                 ======================================================
                 Bhulawan Tiwari @ Mansha Tiwari Son of Rajmangal Tiwari Resident of
                 Village- Saidpura PS -Goreyakothi District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   27-05-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Goreyakothi P.S. Case

                   No. 375 of 2025 registered for offences under Sections 126(2),

                   115(2), 118(2), 109, 351(2), 352 and 3(5) of BNS, 2023.

                               3. The allegation is that the petitioner Bhulawan

                   Tiwari stabbed the informant on his waist and one Shiv Shankar

                   Mahto on his left shoulder.

                                4. Learned counsel for the petitioner submits that the

                   injuries suffered by the victims have been found to be simple in

                   nature. He further submits that the petitioner has clean

                   antecedents and has been in custody since 13.04.2026.

                               5. Learned Additional Public Prosecutor for the State

                   has vehemently opposed the prayer for bail.
           Patna High Court CR. MISC. No.36922 of 2026(2) dt.27-05-2026
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         6. This Court has considered the rival submissions and

perused the record. The petitioner has been arrayed as an

accused in connection with offences under Sections 126(2),

115(2), 118(2), 109, 351(2), 352 and 3(5) of the Bharatiya

Nyaya Sanhita, 2023. The gravamen of the accusation is that the

petitioner inflicted stab injuries upon the informant and one

Shiv Shankar Mahto. However, a perusal of the injury report

placed on record reveals that the injuries sustained by the

victims have been opined to be simple in nature by the

examining medical officer. The nature of the injuries, as

assessed and certified, does not suggest any grievous or life-

threatening harm, which is a relevant factor to be weighed while

considering the question of bail. Furthermore, the petitioner is

stated to have no prior criminal antecedents, and nothing to the

contrary has been brought to the notice of this Court by learned

Additional Public Prosecutor. The petitioner has been in custody

since 13.04.2026 and has thus undergone a period of

incarceration of over six weeks as an undertrial. This Court is

mindful that the power to grant bail must be exercised

judiciously, balancing the liberty of the individual against the

interests of the State and the requirements of a fair trial. Taking

into account the cumulative effect of the simple nature of the
                       Patna High Court CR. MISC. No.36922 of 2026(2) dt.27-05-2026
                                          3/3




           injuries, the clean antecedents of the petitioner, and the period

           already spent in custody, this Court is inclined to enlarge the

           petitioner on bail.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/-

           (Rupees Ten Thousand only) with two sureties of the

           like amount each to the satisfaction of the Court of

           learned      Additional          Chief        Judicial        Magistrate-

           VIII/Concerned Court, Siwan, in connection with

           Goreyakothi P.S. Case No. 375 of 2025.

                     8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of            the     present        bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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