Patna High Court – Orders
Raviranjan Nath Tiwary vs The State Of Bihar Through The Director … on 13 July, 2026
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.56 of 2025
Arising Out of PS. Case No.-526 Year-2024 Thana- MADHAURAH District- Saran
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Raviranjan Nath Tiwary Son of Birendra Nath Tiwary Resident of Manan
Bhawan, Dahiyanwan, Postal Colony, Ranjan Poly Clinic, P.S.- Chapra,
Distt.- Saran
... ... Petitioner/s
Versus
1. The State of Bihar through the Director General of Police, Bihar, Patna
Bihar
2. The Superintendent of Police, Saran at Chapra Bihar
3. The Station House Officer, Marhowrah Police Station, Saran at Chapra
Bihar
4. The Investigating Officer of Marhowrah P.S. case No. 526 of 2024,
Marhowrah Police Station Saran at Chapra, Bihar
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Kumar Alok, S.C.7
Mr. Rakesh Kumar, AC to SC7
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
5 13-07-2026
Heard the parties.
The present writ application has been filed to invoke
the extraordinary and equitable writ jurisdiction for
administration of EX DEBITO JUSTITIAE and for grant of
following relief(s):-
“(i) For quashing the First
Information Report bearing Marhowrah
P.S. Case No. 526 of 2024 dated
17.09.2024 registered for the offences
under Section 419, 420, 465, 466, 467,
468, 471, 120(b) of the Indian Penal Code
Patna High Court CR. WJC No.56 of 2025(5) dt.13-07-2026
2/11and the case is at present pending in the
court of learned Chief Judicial
Magistrate, Saran at Chapra.
(ii) For any other relief/ reliefs
if petitioner found entitle in the facts and
circumstances of the present case.”
2. The prosecution case, in brief, is that S.I. Sanjit
Kumar, Marhowrah Police Station submitted his written report
before the SHO, Marhowrah Police Station alleging therein that
he was Investigating Officer of Marhowrah P.S. Case No. 53 of
2024 dated 24.01.2024 registered for the offences under
Sections 341, 323, 307, 504, 506, 447, 34 of the IPC. It is
further alleged that informant of said case namely Babita Devi
had lodged Marhowrah P.S. Case No. 53 of 2024 against the
FIR named accused Vivek Kumar Singh, Kameshwar Singh and
Sharwan Kumar for assaulting her and causing injury to her. It is
further alleged that during course of investigation and progress
of said case, it is found that informant has made a concocted
story with the help of her companion, doctors and staff of
Referral Hospital, Marhowrah and created a forged injury report
to implicate and drag the accused persons of the said case. It is
further alleged that this fact reveals from letter no. 400 dated
09.03.2024 issued by the Superintendent, Sadar Hospital,
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Chapra based on the report of Three Man Committee and letter
no. 516 dated 13.06.2024 issued by the Additional Collector,
Saran at Chapra, the injury report issued by the Referral
Hospital, Marhowrah was found false and the enquiry team
found involvement of Dr. Rajeev Ranjan, Dr. R.N. Tiwary
(petitioner), Clerk-Ranjit Kumar Singh, Clerk-Manzoor Alam,
BHM-Vishwajeet Kumar and routine act of Dr. Krishna Chandra
was found suspicion. The CCTV footage of nearby house of the
informant was also taken and after investigation and direction of
senior police officials the case was found untrue and on the
basis of Memo no. 2084 dated 21.08.2024 issued by the office
of Sub Divisional Police Officer, Marhowrah direction was
given to lodge the case against the informant and others who
helped the informant in lodging the false case. Hence, the
present FIR.
3. On the basis of aforesaid FIR, Marhowrah P.S. case
No. 526 of 2024 for the offences under Sections 419, 420, 465,
466, 467, 468, 471, 120(b) of the IPC has been filed against
petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner was not available at the time of issuance of injury
report as he was transferred to a particular place and he has
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joined on 22.01.2024 at the said place and he was not available
at the place of occurrence. In this way, learned counsel for the
petitioner has taken the plea of alibi.
5. In compliance of order dated 17.03.2026, a
supplementary counter affidavit has been filed on behalf of
Respondent no. 2. Learned counsel appearing for State submits
through para 5 of the said supplementary counter affidavit that
a report of the three man medical committee as referred to in
paragraph 9 of the order dated 17.03.2026, the following
essential facts have emerged :-
(i) The three man medical board was constituted by
Civil Surgeon, Saran vide memo no. 998, dated 15.02.2024,
wherein Dr. Raviranjan Nath (R.N.) Tiwari himself was
appointed as the chairperson in his capacity as Deputy
Superintendent, Sadar Hospital, Saran and Dr. Vijay Kishore
and Dr. Alok Bihari Saran were appointed as its members.
(ii) In continuation of the aforesaid order constituting
the three members medical board, letter no. 369, dated
05.03.2024 was again issued from the office of Superintendent,
Sadar Hospital, Saran which was signed by Dr. Raviranjan Nath
(R.N.) Tiwari himself. The said letter enumerated 8 specific
points on which the three member medical board was to require
Patna High Court CR. WJC No.56 of 2025(5) dt.13-07-2026
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directed to examine the issue as how, when Dr. R.N. Tiwari had
been transferred to Sadar Hospital, Chapra on 21.01.2024 and
had joined duty on 22.01.2024, then no question arises of his
having treated any patient, then under what circumstances injury
report issued bearing his Signature was issued?”
(iii) The aforesaid point no. 4 corresponds to the issue
referred to in the order of the Hon’ble Court, however, it was not
a conclusion of the medical board but rather query framed by
Dr. Raviranjan Nath (R.N.) Tiwari himself, who also was
presided over the board to render on a matter formulated by
him.
(iv) The report of the three man medical board dated
5.3.2024 bears only signature of Dr. Raviranjan Nath (R.N.)
Tiwari and does not reflect consideration of any of the 8 points
referred in the letter. The report merely records the injury report
of Babita Devi was forged and fabricated and that no visible
injury was found on her body, contrary to the contents of the
injury report.
(v) The aforesaid report was not relied upon during
the investigation of Marhaura P.S. Case No. 526/2024 for the
purpose of exonerating the accused Dr. Raviranjan Nath (R.N.)
Patna High Court CR. WJC No.56 of 2025(5) dt.13-07-2026
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him and final opinion/ report bears only his signature without
endorsement by the other two members. Furthermore, as
Raviranjan Nath (R.N.) Tiwari stands accused in the present
case, the report was not considered sufficiently impartial for the
purpose of a fair investigation.
6. Learned counsel for the respondent no. 2 further
submits that in compliance with the present writ petition and
directions issued by this Hon’ble Court, a report was called for
by respondent no. 2 from S.H.O of Marhaura Police Station,
Saran, which was submitted vide letter no. 1129, dated
25.04.2026. In the said report, it has been stated that in order to
comply the directions contained in para-9 of the order dated
17.03.2026 passed by this Hon’ble Court and to address the
issue raised therein, one of the key witnesses of the case, who is
also an accused in Marhaura P.S. Case no. 53 of 2024, Vivek
Kumar Singh, was examined. The detailed statement concerning
the three member medical committee report was recorded, the
essential points of which are as follows :-
(i) In connection with Marhaura P.S Case No.
53/2024, a false and fabricated injury report was prepared as
part of a criminal conspiracy by Babita Devi, wife of
Patna High Court CR. WJC No.56 of 2025(5) dt.13-07-2026
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institution of a false FIR against deponent and two others.
Subsequently, the deponent submitted an application on
12.02.24 before the Civil Surgeon-cum-Chief Medical Officer
(C.S.-cum-C.M.O), Saran at Chapra, seeking verification of the
injury report issued in the said case. Pursuant to the said
application, a three-member medical team was constituted the
office of the C.S.-cum-C.M.O, Saran, vide Memo No. 998 dated
15.02.24.
(ii) He further stated that on 04.03.2024, the three-
member team examined the injuries of the victim/complainant
Babita Devi in her presence and thereafter submitted it’s report
along with findings vide Memo No. 369, dated 05.03.24 before
Civil Surgeon-Cum Chief Medical Officer. A copy of the said
report was also sent to the In-charge Medical Officer, Marhaura.
Subsequently, vide letter no. 400, dated 09.03.2024 issued by
Office Superintendent, Sadar Hospital, Chapra, a point-wise
investigation report containing the findings was submitted to the
Station House Officer (SHO), Marhaura.
(iii) He further stated that on 05.04.2024, he sent an
email to the District Magistrate (DM), Saran, requesting an
enquiry into the forged injury report in connection with
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Marhaura P.S. Case No. 53/2024. Pursuant to the said
communicate the D.M. Saran, vide Memo No. 2582/C, dated
11.04.24, constituted an inquiry comprising team of (1) the
Additional District Magistrate, Saran, (2) Civil Surgeon-cum-
Chief Medical Officer, Saran and (3) Shri Aman, Dy. S.P. cum-
SHO of Cyber Police Station, Saran, to investigate into the
allegations.
(iv) On 14.04.24, the enquiry team met Dr. Rajiv
Ranjan, Medical Officer, Marhaura, who submitted a written
clarification stating that although the injury report of Babita
Devi had been prepared by him, it did not bear his signature, nor
had he treated the said patient, rather, the report carried the
signature of Dr. R.N. Tiwari.
(v) The report of three man committee enquiry report
dated 13.06.2024 bearing memo no. 1516/C submitted before
the D.M., Saran concluded that Dr. Krishna Chandra, In- charge
Medical Officer, Marhaura, was present in his office on
23.01.24 but failed to conduct any inquiry into the allegations,
thereby rendering his actions suspicious. It was further found
that Dr. R.N. Tiwari had signed Babita Devi’s injury report,
and his involvement in the entire process relating to issuance
of the false injury report appeared probable. The involvement
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of Dr. Rajiv Ranjan was also found to be suspicious.
Additionally, the roles of clerks Shri Ranjit Kumar Singh,
Manzoor Alam, and Vishwajeet Kumar (BHM), who
maintained the injury register, were found complicit. Review
of CCTV footage confirmed that the injury report issued in the
name of Babita Devi was false.
(vi) Based on both the above referred reports of two
separate three member committees, Marhaura P.S. Case No.
53/2024 was found to be false and, accordingly, final form no.
414/2024, dated 22.08.2024 was submitted in the case.
(vii) Thereafter, the findings of the three man
committee were duly communicated to the medical staff of
Marhaura Primary Health Care Centre, including Dr. Raviranjan
Nath Tiwari vide letter no. 6489/C, dated 03.09.2024, issued by
District Magistrate cum Collector, Saran.
(viii) In the meantime, memo no. 2084/sub, dated
21.08.2024 was issued by S.D.P.O., Marhaura, Saran directing
registration of an F.I.R against person responsible for preparing
a forged and fabricated injury report in connection with
Marhaura P.S. Case No. 53/2024. Consequently, Marhaura P.S.
Case No. 526/2024 was registered on 17.09.2024, u/s-419, 420,
465, 466, 467, 468, 471, 120 (B) of IPC against accused Babita
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Devi, Ashok Singh, Indu Devi, Mohit Kumar, Shyam Sundar
Kumar and the concerned medical staff namely Dr. R.N.
(Raviranjan Nath) Tiwari, Dr. Rajiv Ranjan, Ranjit Kumar
Singh, Manzoor Alam, Vishwajeet Kumar and Dr. Krishna
Chandra for preparing a forged inquiry report with the intent to
support a false criminal case. A copy of report bearing letter no.
1129, dated 25.04.2026 is being attached herewith and being
marked as Annexure R/D to this affidavit.
7. After hearing the parties concerned and considering
all the aspects of the present case, while quashing the FIR, it has
to be seen that there must exist some exceptional circumstances,
but in the present case there is no exceptional circumstance
existing in the favour of the petitioner and by virtue of report
submitted vide letter no 1129 dated 25.04.2026, the very
complicity of the petitioner cannot be defended as petitioner’s
counsel has tried to defend by taking the plea of alibi. From the
report detailed above, it is evident that petitioner was very much
present at the time of preparation of injury report and he has
also put his signature on the said injury report. Hence, the plea
of alibi taken by the learned counsel for the petitioner is neither
tenable nor sustainable in the light of the aforesaid facts and
circumstances of the case.
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8. In the light of the aforesaid facts and circumstances
of the present case, the instant criminal writ petition stands
dismissed.
9. Pending, Interlocutory Application(s), if any, shall
also stand disposed of.
(Alok Kumar Pandey, J)
alok/-
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