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Patna High Court

Tarkeshwar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Tarkeshwar Singh, was in custody for alleged offences under several sections of the BNS, stemming from an alleged assault on a neighbour informant amid a land dispute. He filed a bail petition claiming innocence, lack of criminal antecedent, and that the allegations were general and omnibus. The State opposed bail. The court noted that the petitioner had been in custody since July 2025, the charge sheet was filed, but no trial progress or framing of charges was evident. Considering the prolonged detention and lack of trial advancement, the court inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite prolonged pre‑trial detention and pending trial on multiple serious charges

Legislation cited

  • BNS — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352

Subjects

  • bail
  • pre‑trial detention
  • criminal procedure
  • assault
  • land dispute
  • chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11635 of 2026
                  Arising Out of PS. Case No.-573 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Tarkeshwar Singh, age 62 years, Male, Son of Nagina Singh, Resident of
                 Village- Bashiya, P.S.- Muffasil, District- Saran.
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhiraj Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Shantanu Kumar, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner is in custody in a case registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1),

                   117(2) 109, 352, 351 (2), 3(5) of the BNS.

                                3. As per allegation in the FIR, petitioner along with

                   other co-accused persons have assaulted and abused the

                   informant and his family members after which the informant got

                   several injuries.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. He next submits that both the petitioner and informant are

                   neighbours and there is admitted land dispute going on between

                   the parties. He next submits that there is general and omnibus

                   allegation against the petitioner. He submits that petitioner is in
Patna High Court CR. MISC. No.11635 of 2026(2) dt.18-02-2026
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          custody since 02.07.2025 and has got no criminal antecedent as

          stated in para-3 of the bail petition.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. From perusal of the FIR and impugned order dated

          19.01.2026, passed by the learned District and Additional

          Sessions Judge-VIII, Saran at Chapra, it appears that on the

          basis of written report of the informant, Santosh Kumar Singh,

          FIR has been registered under Sections 126(2), 115(2), 118(1),

          117(2) 109, 352, 351 (2), 3(5) of the BNS against four accused

          persons including the present petitioner and the allegation is of

          assaulting and abusing the informant and his family members

          and, thereafter, informant sustained injuries. It also appears that

          this is the second attempt for bail of the petitioner. Earlier the

          prayer for bail of this petitioner was rejected by this Court

          passed in Cr. Misc. No. 63365 of 2025 vide order dated

          26.11.2025 with an observation that the petitioner will be at

          liberty to renew his prayer for bail after completion of one year

          of his custody before the learned trial Court. From perusal of the

          impugned order, it also appears that chargesheet has been

          submitted on 31.07.2025 but it is not mentioned that on what

          date, charge against the petitioner is framed, so considering all
            Patna High Court CR. MISC. No.11635 of 2026(2) dt.18-02-2026
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                      these aspects of the case and submission of learned counsel for

                      the petitioner and there is no any progress of the trial, I am

                      inclined to grant bail to the petitioner.

                                   7. Accordingly, the petitioner above named be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned District and Additional Sessions

                      Judge-VIII, Saran at Chapra in connection with Chapra

                      Muffasil P.S. Case No. 573 of 2024.


                                                                 (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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