Patna High Court
Tarkeshwar Singh @ Tarkeshwar Shiv SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail may be granted despite the petitioner’s alleged absconding, given his clean antecedent and lack of knowledge, subject to strict conditions.
Summary
The petitioner, Tarkeshwar Singh, sought anticipatory bail fearing arrest in a 2003 case (PS No. 88) involving offences under IPC sections 147, 148, 353, 379 and Arms Act section 27. He claimed innocence, asserted that he was an absconder only due to work commitments in Pune and Delhi, and had a clean antecedent with no knowledge of the case, thus could not surrender earlier. The State opposed the bail. The High Court, after considering the allegations and the petitioner's circumstances, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that the petitioner must cooperate with the trial by appearing as required, with non‑compliance leading to cancellation. The order was made under Section 438(2) of the CrPC and Section 482 of the CrPC, imposing the usual bail conditions.
Issues considered
- Whether anticipatory bail should be granted to an accused who is alleged to be an absconder but claims clean antecedents and lack of knowledge of the case.
- Whether the offences under IPC sections 147, 148, 353, 379 and Arms Act section 27 preclude the grant of anticipatory bail.
- What conditions may be imposed under Section 438(2) of the CrPC and Section 482 of the CrPC when granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- anticipatory bail
- absconder
- Indian Penal Code
- Arms Act
- Criminal Procedure Code
- bail conditions
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89550 of 2025
Arising Out of PS. Case No.-88 Year-2003 Thana- SARAI District- Vaishali
======================================================
Tarkeshwar Singh @ Tarkeshwar Shiv Singh Son of Late Shiv Singh Resident
of Village- Sambhupur Koari, House no. 53, ward no. 10, P.S.- Sarai, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Nisha, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Sarai P.S. Case No. 88 of 2003 registered for the offence
under Sections 147, 148, 353, 379 of the Indian Penal Code and
Section 27 of the Arms Act.
3. As per the prosecution case, petitioner is accused
of interfering in the police work.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely been
implicated in this case. It is next submitted that though from the
records it appears that the petitioner is an absconder but he has
clean antecedent and he stays in Pune and Delhi for work. Learned
counsel further submits that petitioner had no knowledge of the
Patna High Court CR. MISC. No.89550 of 2025(2) dt.04-02-2026
2/2
case and therefore, he could not surrender in time.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the allegations and the reason of the
petitioner for not surrendering, this application is allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, 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 C.J.M., Vaishali/ concerned
Court below in connection with Sarai P.S. Case No. 88 of 2003,
subject to the conditions laid down in Section 438(2) of the Code
of Criminal Procedure, 1973 / Section 482 of the BNSS subject to
the following condition:-
(i) the petitioner after being released on bail is
directed to co-operate in the trial either by appearing
personally or through his lawyer in the Trial Court on
each and every date fixed by the trial Court. Non-
compliance of the condition will result in cancellation of
the bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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