Patna High Court
Tulsi Baitha @ Akhileshwar BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of a specific allegation of assault against the petitioner in the FIR, bail was granted subject to prescribed conditions.
Summary
Tulsi Baitha was arrested in connection with a 2006 FIR alleging offences under Sections 147, 148, 149, 323, 324, 307, 447 and 504 of the Indian Penal Code, stemming from a land dispute. The petitioner contended that the FIR contains no specific allegation of assault against him, only against a co‑accused, and that he has been falsely implicated. The State opposed bail, noting three other pending cases, though the petitioner was already on bail in those matters. The court examined the lack of a direct charge against the petitioner and the principle that bail may be granted when the case does not show a clear risk of flight or tampering. Accordingly, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding court attendance, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the FIR does not specifically allege an assault by the petitioner.
- Whether the existence of other pending criminal cases precludes bail in the present matter.
- What conditions may be imposed on bail to safeguard the trial process.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 447, 504
Subjects
- bail
- Indian Penal Code
- assault
- land dispute
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88013 of 2025
Arising Out of PS. Case No.-15 Year-2006 Thana- JOGAPATTI District- West Champaran
======================================================
Tulsi Baitha @ Akhileshwar Baitha S/O Achchhelal Baitha R/O Vill.-
Darwaliya, Mishrouli, P.S.- Yogapatti, Distt.- West Champaran, Bettiah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey, Advocate
For the State : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Manoj Kumar Pandey, learned counsel for
the petitioner and Mr. Sunil Kumar Pandey, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
19.11.2025, in connection with Sessions Trial No. 579 of 2015
arising out of Yogapatti P.S. Case No. 15 of 2006, F.I.R. dated
09.01.2006 registered for the offences punishable under
Sections 147, 148, 149, 323, 324, 307, 447, 504 of the Indian
Penal Code.
3. Allegation against the petitioner is that he along
with other co-accused person has assaulted the informant by
means of Gadasi due to which he sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.88013 of 2025(3) dt.22-01-2026
2/3
present case. He further submits that it appears from the F.I.R.
that due to admitted land dispute the present occurrence had
taken place and one Title Suit No. 241 of 1992 is pending
between the parties for the same set of land. Although the
petitioner is named in the F.I.R. but from perusal of the F.I.R. it
appears that there is no specific allegation of any assault or
overt act attributed against the petitioner but there is specifc
allegation of assault attributed against co-accused person,
namely, Rajesh Baitha and he is in custody since 19.11.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries three more
cases other than the present one but fairly submits on the basis
of paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the case
and the fact that there is no specific allegation of any assault or
overt act against the petition in the F.I.R., let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.D.J. V, West
Champarna, Bettiah in connection with Sessions Trial No. 579
Patna High Court CR. MISC. No.88013 of 2025(3) dt.22-01-2026
3/3
of 2015 arising out of Yogapatti P.S. Case No. 15 of 2006,
subject to the following conditions :-
(1) 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.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) 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 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.
(Rajesh Kumar Verma, J)
Ibrar//-
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