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Patna High Court

Tarkeshwar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.

Summary

The petitioners, Tarkeshwar Rai, Meena Devi and Sachin Kumar, sought anticipatory bail fearing arrest in a 2016 case alleging offences under several sections of the B.N.S and the Arms Act. The prosecution alleged that ten armed persons, including two named co‑accused, fired at the informant's house, but the FIR specifically named only the two co‑accused. The petitioners argued that there was no specific allegation against them, that they were over‑implicated, and that they have clean antecedents. The State opposed bail, contending the petitioners were armed and attempted murder. The High Court, after considering the submissions, granted anticipatory bail with conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S, directing the petitioners to furnish bail bonds and comply with several conditions. The order disposes of the application and clarifies that its observations are not binding during trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations in the FIR.
  • Whether the petitioners are specifically implicated in the offences alleged in the FIR.
  • Whether the petitioners' clean antecedents and lack of specific charges merit the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S
  • over‑implication
  • clean antecedents
  • arms act
  • FIR
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77879 of 2025
                      Arising Out of PS. Case No.-568 Year-2025 Thana- SIWAN CITY District- Siwan
                 ======================================================
           1.     Tarkeshwar Rai S/O Late Rameshwar Rai R/o Village- Rampur Kothi,
                  Digad, P.S.- Bhagwanpur, District- Siwan
           2.    Meena Devi W/O Tarkeshwar Rai R/o Village- Rampur Kothi, Digad, P.S.-
                 Bhagwanpur, District- Siwan
           3.    Sachin Kumar @ Dandan @ Sachin Kumar Ghanghan S/o Tarkeshwar Rai
                 R/o Village- Rampur Kothi, Digad, P.S.- Bhagwanpur, District- Siwan

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Anjani Parashar, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   21-01-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the O.P. No. 2.

                                2. Petitioners apprehend their arrest in connection

                   with Siwan (Town) P.S. Case No. 568 of 2016 registered for the

                   offences under Sections 191(2), 190, 329(3), 115(2), 109 of the

                   B.N.S and under Section 27 of the Arms Act.

                                3. As per the prosecution case, the informant has

                   alleged that altogether ten people, all variously armed,

                   surrounded the house of the informant and fired. It is further

                   alleged that the two co-accused, namely, Rohit @ Madan and

                   Rajiv Kumar, fired from their pistol, as told by the husband of
Patna High Court CR. MISC. No.77879 of 2025(3) dt.21-01-2026
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          the informant.

                       4. Learned counsel for the petitioners submit that

          from mere perusal of the F.I.R., it would be evident that the

          specific allegation of firing is upon two persons, namely Rohit

          @ Madan and Rajiv Kumar. However, from perusal of the

          injury report, it would be evident that the injured has sustained

          only one firearm injury of entry and there is another wound that

          is exit wound charged margin on right side of upper abdomen, to

          show that one firearm injury has been sustained by him. It is

          further submitted that there is no specific allegation against the

          petitioners herein and in fact, implication of petitioner no. 2 is

          the case of over-implication in the present case, who has no

          concern whatsoever with the alleged incident. It has further been

          submitted that the petitioners carry clean antecedents.

                       5. Learned APP for the State as well as the learned

          counsel for the O.P. No. 2 have vehemently opposed the prayer

          for anticipatory bail and submitted that the petitioners had come

          variously armed and they had tried to kill the husband of the

          informant.

                       6. Considering the aforesaid submission, facts and

          circumstances of the case, let the petitioners above named be

          released on anticipatory bail, in the event of arrest or surrender
Patna High Court CR. MISC. No.77879 of 2025(3) dt.21-01-2026
                                            3/4




          before the learned Court below within a period of four weeks

          from today, on furnishing bail bonds of Rs.10,000/-(ten

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

          satisfaction of the learned Court below where the case is

          pending/successor court in connection with Siwan (Town) P.S.

          Case No. 568 of 2016 subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure read

          with corresponding Section 482(2) of B.N.S.S. as well as

          subject to the following conditions:-

                          (i) One of the bailors of the petitioners shall be

                          their close relative.

                          (ii) The petitioners shall remain physically present

                          in the Court on each date of the trial.

                          (iii) In case of absence on two consecutive dates, or

                          in violation of the terms of the bail, the bail bond of

                          the petitioners will be liable to be cancelled by the

                          Court concerned.

                          (iv) If the petitioners are found involved in similar

                          nature of offence in future, the prosecution shall be

                          at liberty to move for cancellation of his bail bond.

                          (v) The learned Court below shall verify the

                          criminal antecedent of the petitioners and in case at
           Patna High Court CR. MISC. No.77879 of 2025(3) dt.21-01-2026
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                                     any stage it is found that the petitioners have

                                     concealed their criminal antecedents, the court

                                     below shall take step for cancellation of bail bond

                                     of the petitioner. However, the acceptance of bail

                                     bonds in terms of the above-mentioned order shall

                                     not be delayed for purpose of or in the name of

                                     verification.

                                  7. Accordingly, the present application         stands

                     disposed of.

                                  8. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.



                                              (Sourendra Pandey, J)
aditya/-

U


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