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Patna High Court

Rahul TiwariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.38409 of 2026(3) dt.06-07-2026
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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
Patna High Court CR. MISC. No.38409 of 2026(3) dt.06-07-2026
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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
Patna High Court CR. MISC. No.38409 of 2026(3) dt.06-07-2026
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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
              Patna High Court CR. MISC. No.38409 of 2026(3) dt.06-07-2026
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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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