Patna High Court
Tega Singh @ Tenga Singh @ Tejnarayan SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted due to the gravity of the offences alleged against the petitioner.
Summary
The petitioner, Tega Singh, was charged under Sections 65(1) and 62 of the Bihar Narcotic Substances Act, Sections 4, 8 and 12 of the POCSO Act, Sections 3(1)(r), 3(1)(s) and 3(2)(v) of the SC/ST Act, and Section 37 of the Bihar Prohibition and Excise Amendment Act for alleged molestation and attempted rape of a minor. He applied for regular bail, claiming false implication, lack of prior criminal record, and willingness to cooperate with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offences. The Court examined the gravity of the charges and the nature of the alleged conduct. Considering the seriousness of the offences, the Court was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under multiple statutes
- Whether the petitioner’s claim of false implication and clean antecedent warrants regular bail
- Whether the gravity of the alleged sexual offences outweighs the presumption of innocence in bail considerations
Legislation cited
- Bihar Narcotic Substances Act — s. 62, 65(1)
- Bihar Prohibition and Excise (Amendment) Act — s. 37
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 4, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(2)(v)
Subjects
- bail
- sexual offences
- POCSO
- SC/ST Act
- prohibition law
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43780 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- CHAORI District- Bhojpur
======================================================
Tega Singh @ Tenga Singh @ Tejnarayan Singh S/o Late Nagina Singh
Resident of Village - Lacchidih, P.S - Imadpur, District - Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Hareshwar Paswan R/o Village - Harpurlakh, P.S - Chaori, District -
Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amish Kumar No I, Advocate
For the Opposite Party/s : Ms.Usha Kumari 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Chaori
P.S. Case No. 14/2026 registered for the offences punishable
under Sections 65(1)/ 62 of B.N.S. and Sections 4/ 8/ 12 of
POCSO Act, Sections 3(1)(r)/ 3(1)(s)/ 3(2)(v) of SC/ST Act and
Section 37 of Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, petitioner is accused of
molesting the victim girl and he has tried to commit rape with
her.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
Patna High Court CR. MISC. No.43780 of 2026(2) dt.06-07-2026
2/2
counsel further submits that he has no criminal antecedent and
he is in custody since 01.02.2026. The petitioner undertakes to
co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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