Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to give an accurate report to our readers.
Patna High Court: In an anticipatory bail application filed by YouTuber Tirupurari Kumar Tiwari, famously known as Manish Kashyap, regarding an FIR filed against him for a video he uploaded about people inserting stones between railway tracks, the Single Judge Bench of Chandra Shekhar Jha, J., allowed the application, considering that the video was, prima facie, gathered from social media without changes in its content for informing the Ministry of Railway.
Background
YouTuber Manish Kashyap allegedly uploaded a video on X (formerly known as Twitter) of a railway track showing the insertion of stones between the fish plates of railway tracks by different persons. He also tagged the Ministry of Railway, urging them to take appropriate action against the offenders. An FIR was filed against him under Sections 353, 125, 299, 61(2), 196, and 3(5) of the Bhartiya Nyaya Sanhita, 2023, and Sections 66 and 66(F) of the Information Technology Act, 2000, alleging that the aforesaid video was uploaded to social media only to tarnish the image of railways, which might further invite sabotage within the railway premises.
Regarding the criminal antecedents of 21 cases, Manish contended that he was on bail in 15 cases, discharged in 2 cases, acquitted in 2 cases, and one case was disposed of.
Analysis
Considering the factual submissions and that the alleged video was, prima facie, uploaded on social media as it was gathered by Manish from social media without any change in its content to inform the Ministry of Railway, the Court allowed the application.
The Court directed that in the event of his arrest/surrender within four weeks from this order, Manish shall be enlarged on bail on furnishing of bail bond of Rs10,000 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada/ Court concerned in connection with the aforementioned FIR, subject to the conditions as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
[Tirupurari Kumar Tiwari @ Manish Kashyap v. State of Bihar, 2025 SCC OnLine Pat 3139, decided on 12-11-2025]
Advocates who appeared in this case:
For the petitioner: Devashish Giri
For the respondent: APP Rita Verma