Tribhuwan Tiwari @ Tuntun Tiwari @ Tribhuwannath Tiwari v. The State Of Bihar

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 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 2/3 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 coaccused 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 3/3 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