Patna High Court
Tarkeshwar dubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Tarkeshwar Dubey and Dinbandhu Dubey, were arrested on 30 October 2025 in connection with FIR No. 111 of 2025 alleging assault, robbery and other offences under the Bharatiya Nyay Sanhita, 2023. The informant claimed the accused attacked him and his companion with weapons, stole jewellery and cash, and caused bodily harm. The petitioners contended that the FIR contains only a generic, omnibus allegation and no specific charge against them, asserting they were falsely implicated. The prosecution opposed bail, highlighting the petitioners' multiple prior criminal antecedents. The High Court, noting the lack of specific allegations and the principle of bail, ordered the release of the petitioners on bail of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences and their prior criminal antecedents.
- Whether the FIR contains specific allegations sufficient to justify continued detention.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal antecedents
- FIR
- assault
- robbery
- Bharatiya Nyay Sanhita
- generic allegation
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87885 of 2025
Arising Out of PS. Case No.-111 Year-2025 Thana- SANICHARI District- West Champaran
======================================================
1. Tarkeshwar dubey Son of Late Bhulan Dubey R/o Bahuarwa Gora, Ward no.
8, P.S. - Sanichari, District - West Champaran.
2. Dinbandhu dubey Son of Tarkeshwar Dubey R/o Bahuarwa Gora, Ward no.
08, P.S. - Sanichari, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the State : Mr. Arun Kumar Pandey, Advocate
For the Informant : Mr. Ashutosh Kumar, Advocate
: Mr. Abhyanand, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel
for the petitioners, Mr. Ashutosh Kumar, learned counsel
appearing on behalf of the informant as well as Mr. Arun Kumar
Pandey, learned Additional Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
30.10.2025 in connection with Sanichri P.S. Case No. 111 of
2025, F.I.R. dated 08.10.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 352, 351(2),
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that when he was taking her mami on motorcycle, the
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petitioners along with other co-accused persons attacked him
and his mami with intention to kill. It is further alleged that the
accused persons assaulted them by mean of rod, lathi and knife
and one of accused snatched mangalsutra, ear-tops and Rs.
2000/- from his mami and torn her clothes.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they falsely been implicated in the
present case. The allegation levelled against the petitioners is
false and fabricated and there is case and counter case between
the parties. Although the petitioners are named in the FIR but
from bare perusal of the FIR it appears that there is no specific
allegation of assault or overt act against them rather there is
general and omnibus allegation against all the accused persons
including the petitioners. The police after investigation
submitted charge-sheet and the petitioners are in custody since
30.10.2025.
5. The learned counsel appearing on behalf of the
informant as well as learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner no.1 has got five criminal antecedents
and petitioner no.2 has got four criminal antecedents other than
the present one but fairly submits on the basis of paragraph-3 of
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the bail petition that both the petitioners are on bail in the
pending matters and acquitted in one case.
6. Considering the aforesaid facts and circumstances,
there is no specific allegation of assault or overt against the
petitioners, let the petitioners, 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 Judicial Magistrate-I Class, Bettiah, West Champaran in
connection with Sanichri P.S. Case No. 111 of 2025, subject to
the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
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cancellation of bail bond of the petitioners. 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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