Patna High Court
Tribhuwan Tiwari @ Tuntun Tiwari @ Tribhuwannath TiwariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as the dispute is civil and no money was transferred to his account.
Summary
The petitioner, Tribhuwan Tiwari, was named in an FIR for alleged cheating of Rs. 50 lakh in a land deal, charged under Sections 316(2), 318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023. His counsel argued that the dispute is essentially civil, the money was transferred to a co‑accused’s account, and there is no material linking the petitioner to the alleged receipt of funds. The Additional Public Prosecutor opposed bail. The court observed that the amount was not credited to the petitioner’s account and the matter appears to be a civil dispute, and therefore ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bhartiya Nyaya Sanhita.
- Whether the underlying dispute is civil in nature, rendering the criminal prosecution unwarranted.
- Whether there is sufficient material evidence to justify continued detention.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 340(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- cheating
- civil dispute
- Bhartiya Nyaya Sanhita
- CrPC
- Bhartiya Nagrik Suraksha Sanhita
- land deal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41809 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- SIKARPUR District- West Champaran
======================================================
Tribhuwan Tiwari @ Tuntun Tiwari @ Tribhuwannath Tiwari, Son of Gautam
Tiwari, Resident of Village- Sisai, P.S.- Shikarpur, District- West Champaran.
... ... Petitioner
Versus
1. The State of Bihar
2. Vineet Vinayak, S/o Dr. Vinod Verma, Resident of Village- D.K. Shikarpur,
P.S.- Shikarpur, District- West Champaran.
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Sitesh Kashyap, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Shikarpur P.S.
Case No.44 of 2026 registered under Sections 316(2),
318(4), 338, 336(3) and 340(2) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘B.N.S.’).
3. Allegation against the petitioner is to cheat the
informant for a sum of Rs. 50 lakhs alongwith co-accused
persons out of a land deal.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.41809 of 2026(2) dt.30-06-2026
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petitioner that primarily the dispute between the parties are
civil in nature for which the present criminal prosecution is
completely unoccasioned and unwarranted. It is pointed out
that the alleged money was transferred to the account of co-
accused Sanjay Kumar and this petitioner is not the recipient
of the money. It is pointed out that with ornamental
allegation as this petitioner has taken the copy of Aadhar
card and PAN card, he was implicated with present crime in
question, without having any cogent material. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in one more criminal case of different nature, where
he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as alleged amount prima facie not
appears to be transferred in the bank account of the
petitioner, where dispute in issue primarily appears civil in
nature, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.41809 of 2026(2) dt.30-06-2026
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on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-IV, Bettiah, West
Champaran in connection with Shikarpur P.S. Case No.44 of
2026, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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