Decoding custodial murder and half encounters

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 investigation 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. 

An FIR (Shahpur Case No. 178/26) was registered on June 22, 2026 by the Bhojpur police against the Jagdishpur Sub-Divisional Police Officer (SDPO), the then Shahpur Station House Officer (SHO), and other police personnel following the death of 28-year-old Bharat Bhushan Tiwari in an alleged police encounter on June 17, 2026. The FIR was filed based on a complaint lodged by Asha Devi, the deceased’s mother, who alleged that her son was shot dead after surrendering. 

Bihar’s Bhojpur district, Jagdishpur SDPO Rajesh Kumar Sharma, who led the police operation on the day of the encounter, has been attached to the police lines. The case has been registered under Sections 103(1) and 3(8) of the Bharatiya Nyaya Sanhita (BNS), along with Section 27 of the Arms Act. The investigation has been assigned to Ara Circle Inspector Sanjeev Kumar.

Notably, it is intriguing as to why the portal of the State Crime Records Bureau, Department of Home, Bihar has not uploaded the FIR as yet. 

The family alleges that Bharat was shot at close range after surrendering. 

The police initially claimed that on June 17, 2026, they raided Bharat's home to arrest him. They alleged that he resisted by firing at them, prompting a retaliatory encounter. 

An initial police FIR (Shahpur Case No. 169/26) also accused Bharat’s father and brother of hiding his weapons and harboring him.

Refuting the police claim, Bharat's mother lodged an FIR (Shahpur Case No. 178/26) alleging that her son had already surrendered and was murdered in cold blood.

Following massive public outrage and a "Mahapanchayat" on June 24, 2026 in Bilauti, a high-level judicial inquiry was ordered. The police also backtracked on their initial statement, removing Bharat’s father and brother from their original police firing FIR. 

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.

Advocates of Bar Association, Ara said, Bharat Bhushan Tiwari was not a criminal. It is a case of police atrocity. Police wanted to shoot at his legs but it hit his testicles region. 

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.