Patna High Court
Rakesh TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 120B, 34, 420, 467, 468, 471, 472
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
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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
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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
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