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Patna High Court

Rakesh TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court held that anticipatory bail may be granted as the subject matter of the FIR is already sub‑judice in a civil title suit and the court’s inherent powers under Section 482(2) CrPC permit such relief.

Summary

The petitioner, Rakesh Tiwari, sought anticipatory bail fearing arrest in a criminal case (PS Case No. 413 of 2023) alleging offences of forgery, cheating and conspiracy under sections 467, 468, 420, 471, 472, 120B read with 34 of the IPC. The prosecution alleged that the petitioner conspired to forge deeds to usurp the informant’s land. The petitioner contended that the land dispute is already before the civil court in a title suit, making the criminal matter sub‑judice. The State opposed the bail. The Patna High Court, noting the pending civil suit and invoking its inherent powers under Section 482(2) of the CrPC, granted anticipatory bail with a bond of Rs 10,000 and specific conditions regarding appearance, non‑tampering with witnesses and refraining from further offences.

Issues considered

  • Whether anticipatory bail can be granted when the criminal allegations arise out of a civil title dispute already pending before a court.
  • Whether the nature of the offences (forgery, cheating, conspiracy) justifies denial of anticipatory bail.
  • Whether the High Court may exercise its inherent powers under Section 482(2) CrPC to grant anticipatory bail in such circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • cheating
  • conspiracy
  • civil title suit
  • Section 482 CrPC
  • IPC sections 467 468 420 471 472 120B 34
  • bail conditions
  • sub‑judice

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30824 of 2026
                   Arising Out of PS. Case No.-413 Year-2023 Thana- BAGHA District- West Champaran
                 ======================================================
                 Rakesh Tiwari son of Late Radha Raman Tiwari Resident of village -
                 Manjhariya, Ps- Bhairoganj, Dist- West Champaran
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shahbaj Alam, Adv.
                 For the Opposite Party/s :      Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   06-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Bagaha Bhairoganj P.S. Case No. 413 of 2023

                   for the offence punishable under sections 467, 468, 420, 471,

                   472, 120B r/w Section 34 of the IPC lodged on 13.06.2023 by

                   the informant.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he along with other accused persons by

                   hatching conspiracy and preparing forged deeds are trying to

                   grab the lands of the informant. Accordingly, the FIR.

                                4. Learned counsel for the petitioners by referring to

                   the allegations made in the FIR submits that there is complex

                   question involved in relation to the title which is claimed by the

                   informant while there is already a Title Suit pending before the
Patna High Court CR. MISC. No.30824 of 2026(2) dt.06-05-2026
                                            2/3




          learned court of Civil Judge, Senior Division-2, Bagaha, West

          Champaran vide T.S. No. 39/24, CIS No. 42/2024 and the issues

          have already been framed, in which the uncle of the informant

          has already appeared and a party to the said suit.

                       5. Learned APP opposes the prayer for anticipatory

          bail.

                       6. Considering the fact that for a dispute which is the

          subject matter of FIR, there is already Title Suit, this Court is

          inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of four

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate- 1st, Bagaha, West Champaran, in connection with

          aforesaid PS Case, subject to the conditions as laid down under

          Section 482(2) of the BNSS as well as the following

          conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
             Patna High Court CR. MISC. No.30824 of 2026(2) dt.06-05-2026
                                                         3/3




                                               Court and failure to do so for two
                                               consecutive dates without plausible reason
                                               will entail cancellation of his/their       bail
                                               bond by the Trial Court itself;
                                                            (iii) the petitioner(s) shall in no
                                               way try to induce or promise or threat the
                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                                 (Ajit Kumar, J)
    perwez

U      T


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