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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352
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
2/3
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
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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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