Patna High Court
Tushar Singh @ Jhatkan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Tushar Singh was arrested in connection with a kidnapping and assault case (Sarsi PS Case No. 68 of 2024) involving multiple IPC offences, a POCSO offence and an Arms Act offence. The informant alleged that the petitioner participated in forcibly abducting his sister, assaulting family members and threatening them. The petitioner contended that he was falsely implicated, noting that the victim’s statement recorded under Section 164 CrPC did not mention him, and that the charge sheet was filed despite lack of evidence. The prosecution opposed bail, highlighting the seriousness of the charges and the petitioner’s four prior criminal antecedents. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the gravity of the offences charged under the IPC, POCSO Act and Arms Act.
- Whether the petitioner’s alleged lack of mention in the victim’s Section 164 statement warrants bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 323, 325, 34, 341, 342, 354, 363, 364(A)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12
Subjects
- bail
- kidnapping
- assault
- IPC
- POCSO Act
- Arms Act
- criminal antecedent
- Section 164 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85947 of 2025
Arising Out of PS. Case No.-68 Year-2024 Thana- SARSI District- Purnia
======================================================
Tushar Singh @ Jhatkan Singh S/o Late Manish Singh @ Late Manish Kumar
Singh Resident of Village- Sarsi Chharra Patti, P.S.- Sarsi, District- Purnea
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shail Devi W/o Premjeet Kumar Singh Resident of Village- Sarsi Chharra
Patti, P.S.- Sarsi, District- Purnea
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
For the Informant : Mr. Ramesh Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Sanjay Kumar Singh, learned counsel
for the petitioner, Mr. Madan Kumar, learned Additional Public
Prosecutor for the State as well as Mr. Ramesh Kumar Singh,
learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
27.08.2025 in connection with Sarsi P.S. Case No. 68 of 2024,
F.I.R. dated 06.04.2024 for the offences punishable under
Sections 341, 342, 323, 325, 354, 363, 364(A), 34 of the Indian
Penal Code and Section 12 of POCSO Act and 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 06.04.2024, the petitioner along with other
accused persons forcibly kidnapped his sister and assaulted his
Patna High Court CR. MISC. No.85947 of 2025(3) dt.25-03-2026
2/3
family members and threatened to kill them and thereafter fled
away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R. He next submits
that statement of the victim was recorded under Section 164
Cr.P.C in which she did not state anything about the petitioner
and police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 27.08.2025.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submits that petitioner was
involved in present crime in question and apart from that
petitioner carries four criminal antecedents other than the
present one but fairly submits on the basis of paragraph-3 of the
bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Patna High Court CR. MISC. No.85947 of 2025(3) dt.25-03-2026
3/3
Additional Session Judge-VI-cum-Special judge, POCSO,
Purnea in connection with Sarsi P.S. Case No. 68 of 2024,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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