Patna High Court
Radha TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Radha Tiwari and Ram Ekbal Sahani, were implicated in an FIR alleging extortion of Rs.5,00,000 and several other offences arising from a land dispute concerning three kathas of land sold to them. They contended that the extortion allegation was false and that the case was filed to harass them over the land. The State opposed anticipatory bail on the ground of their criminal antecedents. The court examined the FIR, the nature of the dispute, and the lack of any payment of extortion money. Considering the circumstances, the court granted anticipatory bail subject to a bail bond of Rs.10,000 each, two sureties, and conditions of cooperation and family surety, invoking Sections 438(2) Cr.P.C. and 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. despite the allegations and their criminal antecedents
- Whether the FIR alleging extortion is baseless in view of the land dispute
- Whether the conditions imposed under Section 482(2) are appropriate for the grant of bail
Legislation cited
- Code of Criminal Procedure — s. 438(2), 482(2)
- Indian Penal Code — s. 112, 119(1), 190, 191(2), 191(3), 308(4), 308(5), 324, 351(2)
Subjects
- anticipatory bail
- extortion
- land dispute
- criminal antecedents
- bail conditions
- Section 438 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26497 of 2026
Arising Out of PS. Case No.-763 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Radha Tiwari S/o Gorakh Tiwari Resident of Village - Nandpur, P.S. -
Muffasil, Dist. - East Champaran.
2. Ram Ekbal Sahani @ Ekbal Sahani @ Rukbal Sahani S/o Late Sitaram
Sahani Resident of Village - Nandpur, P.S. - Muffasil, Dist. - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Choubey Jawahar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
191(2), 191(3), 190, 308(5), 308(4), 119(1), 351 (2), 324, 112 of
the B.N.S.
3. Petitioners are said to have demanded Rs.
5,00,000/- as extortion.
4. Learned counsel for the petitioners submits that the
allegation of demand of extortion by these petitioners is totally
incorrect and the FIR itself would disclose that no extortion
amount etc. has been paid to the petitioners as the same only
refers to a demand. It is further submitted that the informant had
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got registered three Bighas of land in favour of his brother
Bholanath Pd. Gupta and it is from this land that the said brother
of the informant sold about three kathas of land to the petitioner
no. 1 by way of sale deed (Annexure-2). The defence of the
petitioners is that even after the same, they were creating
problems in the petitioners taking peaceful possession of the
said land and on account of such reason, the present false case
has been instituted against them.
5. Learned APP for the State has opposed the
application for anticipatory bail on the basis of the fact that the
petitioners have criminal antecedents. However, in response, it
has been submitted that they are on ball.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is no
payment of any extortion money to the petitioners and there is
also a dispute with regard to land between the parties, let the
above named petitioners in the event of their arrest or surrender
before the learned Court below within a period of four weeks
from today, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned court
below where the case is pending/successor court in connection
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with Muffasil P.S. Case No. 763 of 2025, subject to the
condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions:
(i) One of the bailors will be a family member/close
relative.
(ii) The petitioners shall cooperate in the investigation
and subsequent trial and in case of any non-cooperation shown
on their behalf, the prosecution/court would be at liberty to take
steps for cancellation of their bail bonds.
(Soni Shrivastava, J)
devendra/-
U T
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