Patna High Court
Rahul TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to bond, sureties and conditions, with the trial court empowered to cancel it on non‑cooperation.
Summary
The Patna High Court considered an application for anticipatory bail filed by Rahul Tiwari, a chartered accountant, who was implicated in a FIR alleging offences under multiple sections of the Bharatiya Nyaya Sanhita and the Arms Act in a land‑mafia dispute. The petitioner argued that he has a clean antecedent, was merely present at the scene, and that his communications with the accused were professional in nature. The State and the informant opposed bail, fearing the petitioner might abscond or tamper with evidence. After hearing both sides, the Court noted the petitioner’s clean record and professional role, and granted anticipatory bail subject to a cash bond of Rs 25,000 and two sureties, with a condition that the trial court may cancel the bail if he fails to cooperate. The personal appearance of the investigating officer was dispensed with, but the Court warned that non‑cooperation could lead to cancellation of the bail bonds.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner poses a risk of absconding or tampering with evidence.
- Whether professional communication with accused persons can constitute participation in the alleged offences.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 111(3), 111(4), 308(4), 308(5), 329(3), 3(5), 351(2), 352, 482(2), 61(2)
Subjects
- anticipatory bail
- land dispute
- criminal law
- Bharatiya Nyaya Sanhita
- Arms Act
- chartered accountant
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38409 of 2026
Arising Out of PS. Case No.-161 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Rahul Tiwari Son of Satendra Tiwari Resident of village -Hasanpur PO-
Hasanpur Mathiya P S -Sidhwalia District- Gopalganj Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Dikshit, Adv
Ms.Shruti Singh, Adv
Mr. Utkarsh Pathak, Adv
For the State : Mr.Bhanu Pratap Singh, APP
For the Informant : Mr. Lalit Kishore, Sr. Adv
Mr. Ayush Kumar,Adv
Mr. Sanjeev Kumar, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-07-2026 1. Heard learned counsel for the petitioner, Sri Naresh
Dikshit, learned A.P.P. for the State and the learned counsel
appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 329(3),
308(4), 308(5), 352, 351(2), 109(1), 3(5), 111(3), 111(4) and
61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. The Investigating Officer of the case, in
compliance of the order dated 24-6-2026, is present in the court.
4. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a Chartered
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Accountant and the informant alleges that he is care taker of
Kiran Sinha and looks after and manages her affairs, next
alleges that wheat crop planted on 16 acre 93 decimal of land of
Kiran Sinha was ripe for harvesting, hence on 1-4-2026 he
along with Ajit visited the land for inspecting the crop, when
Bhola, petitioner, Guddu, Depak and Nitish came on four
motorcycles and Bhola threatened that if they want to live then
should ask Kiran to handover possession of the land to them,
further on orders of Bhola, the accused persons broke open the
locks and all five rooms over the land and put their own lock
and also opened fire, accordingly the police was informed and
the police reached the place of occurrence and apprehended one
accused, next alleges that Bhola is a land mafia as his name is
published in the list of land mafias issued by Superintendent of
Police and the conspiracy was hatched by Satish and
Amarendra, next alleges that Bhola along with accused are
trying to dispossess Kiran Devi by preparing false documents.
5. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that no
specific allegation is alleged against the petitioner except that he
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was also present at the place of occurrence along with other
accused persons. It is further submitted that petitioner is a
Chartered Accountant of Pappu Pandey, an MLA and an accused
person in the instant case. It is also submitted that petitioner
being Chartered Accountant talks to his clients as such during
the course of investigation, it has come that he made 171 calls to
Bhola Paney and also sent 999 messages to him. It is next
submitted that Bhola Pandey is also known to the petitioner in
connection with his work, but then it is submitted that the said
calls and messages were not sent in one day. It is further
submitted that thrust of the allegation is against the land Mafias,
namely, Bhola Pandey, Satish Pandey and Amrendra Panday @
Pappu Pandey. It is also submitted that if his clients are having
criminal antecedent that in itself cannot be a ground for
implicating the petitioner in the instant case. It is next
submitted that being Chartered Accountant, he is handling
accounts of the aforesaid accused as such he also came to be
implicated .
6. At this stage, the learned APP submits that the case
has been transferred from police to CID and the CID has taken
over investigation.
7. Learned counsel appearing on behalf of the
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informant opposes the prayer for anticipatory bail of the
petitioner and submits that in the event if privilege of
anticipatory bail is granted to the petitioner, the petitioner may
abscond or try to tamper with the evidence, on which the
learned counsel appearing on behalf of the petitioner submits
that petitioner will not abscond rather will co-operate in the
investigation to prove his innocence.
8. After hearing the learned counsel for the parties
and taking into consideration the submissions made by the
learned counsel for the petitioner and also the fact that petitioner
is a Chartered Accountant and is a person with clean antecedent,
the petitioner above-named, in the event of his arrest or
surrender within a period of six weeks from today, be released
on anticipatory bail on furnishing bail bonds of Rs. 25,000/-
(Rupees Twenty-five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Kuchaikote P.S. Case No. 161 of 2026, subject to the conditions
as laid down under Section 482 (2) of the BNSS.
9. The personal appearance of the Investigating Office
of the case is dispensed with.
10. However, it is made clear that in the event, if the
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Investigating Officer of the case files an application before the
learned trial court bringing to its notice that the petitioner,
despite giving assurance to this Court, is not cooperating in the
investigation, in that event, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Sumit/-
U T
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