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Patna High Court

Rocky TiwariversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail could not be granted as prima facie material and the gravity of the offences, coupled with the petitioner’s criminal antecedents, warranted denial of bail.

Summary

Rocky Tiwari applied for regular bail in a case registered under the Bharatiya Nyaya Sanhita, 2023 for alleged extortion of Rs 5 crore and related offences. The petitioner claimed innocence, alleging that the case was fabricated due to a partnership dispute, and had been in custody since 3 December 2025. The State and the informant opposed bail, portraying the petitioner as a land‑mafia figure with multiple prior extortion cases. The Court observed that there was prima facie material indicating the petitioner’s involvement and that the nature of the offences and his criminal antecedents were serious. Consequently, the Court declined to grant regular bail, dismissing the application. The order was limited to the bail application and not to be construed as a determination on the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged.
  • Whether the existence of prima facie evidence and the petitioner’s criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • extortion
  • land mafia
  • criminal antecedents
  • prima facie evidence
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11464 of 2026
                   Arising Out of PS. Case No.-763 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
                 ======================================================
                 Rocky Tiwari Son of Radha Tiwari Resident of Village- Nandpur, P.S.-
                 Muffasil Motihari, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rama Kant Sharma, Sr. Advocate
                                                  Mr. Rakesh Kumar Sharma
                 For the Opposite Party/s :       Mr. Shantanu Kumar
                 For the Informant        :       Mr. Aditya Pandey
                                                  Mr. Aditya Raj Singh
                                                  Ms. Eashita Raj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   03-07-2026                   Heard Mr. Rama Kant Sharma, the learned Senior

                   Counsel for the petitioner, learned APP for the State and the

                   learned counsel for the informant.

                                 2. The petitioner seeks regular bail in connection with

                   Muffasil P.S. Case No. 763 of 2025 registered for the offence

                   under Sections 191(2), 191(3), 190, 308(5), 308(4), 119(1),

                   351(2), 324 and 112 of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the FIR, the petitioner, along with others, is

                   accused of demanding extortion (rangdari) of Rs. 5 Crore.

                                 4. Learned Senior Counsel for the petitioner submits

                   that the petitioner is innocent and has not committed any

                   offence. It is further submitted that, due to a partnership dispute,
Patna High Court CR. MISC. No.11464 of 2026(5) dt.03-07-2026
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          this false case has been instituted against the petitioner. The

          petitioner has been in custody since 03.12.2025.

                       5. Per contra, learned counsel for the State as well as

          learned counsel for the informant vehemently oppose the bail

          application. It is submitted that the petitioner is a land mafia and

          a habitual criminal who captures land by use of muscle power. It

          is further submitted that most of the cases in which the

          petitioner is an accused relate to extortion and there are five

          such extortion cases against him.

                       6. The petitioner appears to be involved in demanding

          extortion. The allegations against the petitioner are serious and

          grave in nature. There exists prima facie material against the

          petitioner indicating his involvement in the commission of the

          offence.

                       7. Considering the nature and gravity of the offence as

          well as the criminal antecedents of the petitioner, this Court is

          not inclined to grant regular bail to the petitioner.

                       8. Accordingly, this application for regular bail stands

          dismissed.

                       9. 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
            Patna High Court CR. MISC. No.11464 of 2026(5) dt.03-07-2026
                                                        3/3




                      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.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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