Patna High Court
Tarkeshwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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
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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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