Patna High Court
Suraj Tiwary @ Suraj Kumar @ Suraj TiwariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, upholding the earlier order denying regular bail.
Summary
The petitioner, Suraj Tiwary, was charged in Maner P.S. Case No. 396 of 2024 for offences under IPC Sections 363 and 365, with Sections 302/34 and 201/34 later added. He has been in custody since 27 June 2024 and sought regular bail for the second time. The prosecution has begun trial, having examined two witnesses, and a co‑accused’s self‑inculpatory statement supports the case. The petitioner’s counsel highlighted his clean antecedents and the limited number of witnesses examined, urging bail. The Court, noting the gravity of the offences and the progress of the trial, found no ground to overturn its earlier order denying bail and dismissed the application, directing the police to ensure witness attendance.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences and the stage of trial
- Whether the petitioner’s clean antecedents and limited witness examination warrant bail
Legislation cited
- Indian Penal Code — s. 201/34, 302/34, 363, 365
Subjects
- regular bail
- Indian Penal Code
- murder
- theft
- criminal procedure
- witness examination
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9816 of 2026
Arising Out of PS. Case No.-396 Year-2024 Thana- MANER District- Patna
======================================================
Suraj Tiwary @ Suraj Kumar @ Suraj Tiwari S/o Sonu Tiwary @ Sonu
Kumar @ Pramod Tiwari R/o Village - Chhitnawan, P.S - Maner, District -
Patna, Pin - 801502
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Priyajeet Pandey, Advocate
Ms.Megha, Advocate
For the Opposite Party/s : Mr.Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Maner P.S. Case No.
396 of 2024 registered for the offence under Sections 363 and
365of the Indian Penal Code and subsequently, Sections 302/34
and 201/34 was added. Earlier the bail application of the
petitioner was rejected vide order dated 02.07.2025 passed in
Cr. Misc. No. 83676 of 2024 which reads as under:-
Heard the learned counsel for the petitioner
and learned APP for the State.
2 . The petitioner regular bail in connection
with Maner P.S. Case No. 396 of 2024 registered for the
offence under Sections 363 and 365 of the Indian Penal
Code. Later on 302/34 of the IPC was added.
3 . As per the prosecution case, the petitioner
along with other co-accused is accused of assaulting and
killing the deceased.
Patna High Court CR. MISC. No.9816 of 2026(2) dt.16-02-2026
2/2
4 . In the self-inculpatory statement of a co-
accused, materials have come in support of the same. The
Trial has started and two witnesses have been examined.
The petitioner is in custody since 27.06.2024.
5 . The learned counsel for the
informant has submitted that the remaining three
witnesses shall be examined on the dates fixed as the
prosecution is cooperating in the trial.
6 . Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to the
petitioner. Accordingly, this application for regular bail is
hereby rejected.
3. It has been submitted by the learned counsel for the
petitioner that petitioner has clean antecedent and he is custody
since 27.06.2024. Learned counsel further submits that till now
only one witness has been examined.
4. Considering the gravity of offence, this Court finds
no ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the Senior Superintendent of Police, Patna to
ensure the appearance of the witnesses in the trial.
6. Let a copy of this order be communicated through
FAX or e-mail to the Senior Superintendent of Police, Patna for
its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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