Raviranjan Nath Tiwary vs The State Of Bihar Through The Director … on 13 July, 2026

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    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
                     ======================================================
                     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
                     ======================================================
                     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
                     ======================================================
                     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

    SPONSORED

    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
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    and 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
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    to furnish findings and opinion. At point no. 4 the board was

    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.)
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    Tiwari in as much as the medical board was presided over by

    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
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    Rambachan Singh, along with her associates, resulting in the

    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/-

    U        T
     



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