On Saturday, June 27, 2026, a 7-member fact finding team of Advocates from Patna High Court team visited the scene of the murder of Bharat Bhushan Tiwari in Bilauti, Shahpur, Bhojpur. The team learnt that after meeting all the concerned parties at the scene of the incident, it learnt that attempts are underway to tamper with the evidence and intimidate the witnesses and to portray this custodial murder as an encounter. Chandan Tiwari, the brother of the (effectively) deceased Bharat Tiwari has been threatened that he too will be killed just as they had killed Bharat Tiwari who was murdered following his surrender. This incident stands as an unique case of police cruelty, barbarity, and oppression in the history of India. The brutal murder of a social worker with no criminal history, fighting for the welfare of the poor and the general public, is a blatant violation of constitutional fundamental rights and the guidelines given by the Supreme Court. The team learnt that retired Patna High Court Judge Vinod Kumar Sinha, who is heading the judicial commission formed by the State government to investigate the alleged encounter of Bharat Bhushan Tiwari, reached the village Bilauti on June 25, 2026 and met the grieving family members of Tiwari. Bhojpur Superintendent of Police, along with othe policemen accompanied Justice Sinha to the village. The team was shocked to learn that the Chairman of the Judicial Inquiry Commission on the murder of Bharat Tiwari, had gone to his house to meet his family members accompanied by the accused officials. His visit with such officials sends a wrong message to the public about the impartiality of the Commission. It is essential for the Commission's impartiality that independent jurists be made part of the Commission. During an interaction with advocates of Bar Association, Ara, the team learnt that Bharat Bhushan Tiwari was not a criminal. It is a case of police atrocity. The bullets fired by Police hit the testicles of Bharat Tiwari.
But this FIR is not on the portal of the State Crime Records Bureau, Department of Home, Bihar. Following massive public outrage and a Mahapanchayat on June 24, 2026 in Belauti, a high-level judicial inquiry has been ordered. The incident has caused a massive political stir in Bihar, drawing visits from opposition leaders and resulting in the removal of the involved DSP from the investigation. The advertisement seeking testimonies from teh public is to be published. The office of the inquiry commission too is yet to be announced.
The Supreme Court on June 22, 2026 refused to urgently hear a public interest litigation (PIL) seeking an independent probe into the alleged fake encounter killing of Bharat Bhushan Tiwari in Bhojpur and raising broader concerns over what it describes as a growing "encounter culture" and instances of extra-judicial killings across the country.
Justice BV Nagarathna led bench told petitioner Vishal Tiwari, "Mention before Registrar first".
The PIL was filed under Article 32 of the Constitution, the petition alleges that fake encounters and police brutality in States such as Bihar and Uttar Pradesh pose a serious threat to the rule of law and democratic governance.
The plea was filed by Advocate Vishal Tiwari contends that encounter killings, also known as extra-judicial killings, represent a breakdown of the constitutional framework where police officials assume the role of judge, jury and executioner. It states that in a democracy, the power to punish lies exclusively with the judiciary and not with law enforcement agencies.
The petition centres around the killing of Bharat Bhushan Tiwari, who died in a police encounter in Bhojpur district on June 17, 2026. According to the plea, Tiwari had gone live on Facebook hours before the encounter and declared that he was willing to surrender and lay down his weapon if certain demands were met.
The petition had claimed that the encounter took place within 24 hours of the police stating that Tiwari was mentally unwell and that efforts were being made to take him into safe custody and arrange treatment at a mental health facility. Relying on statements made by Tiwari's father, Kashinath Tiwari, the plea alleges that the deceased had no criminal antecedents, no FIRs or chargesheets against him and was engaged in social work. It also claims that Bharat Bhushan Tiwari had thrown away his pistol and surrendered before the police but was nevertheless shot dead.
The encounter has triggered protests in Bilauti village under Shahpur police station limits, with residents demanding an impartial inquiry into the circumstances surrounding the killing. According to the petition, while taking up arms against the police warranted legal action, the use of lethal force after an alleged surrender raises serious questions regarding adherence to established police protocols.
The PIL had contended that the incident must be examined in light of the Supreme Court's decision in People's Union for Civil Liberties (PUCL) v. State of Maharashtra (2014) 10 SCC 635, in which detailed guidelines were laid down governing investigations into police encounters.
Calling such incidents manifestations of "oppressive police brutality" and a drift towards a "police state", the petition sought registration of an FIR against the police personnel involved in the killing of Bharat Bhushan Tiwari and a court-monitored CBI investigation into the encounter. It had also sought the constitution of an independent expert committee headed by a former Supreme Court judge to inquire into the incident and a direction to the Union Government to issue advisories to all States to strictly comply with the guidelines laid down by the Supreme Court in the PUCL judgment governing police encounters and extra-judicial killings.
