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Patna High Court

Tarkeshwar Singh @ Tarkeshwar Shiv SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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