Patna High Court
Rocky TiwariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 112, 119(1), 190, 191(2), 191(3), 308(4), 308(5), 324, 351(2)
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,
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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
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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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