Tarkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11635 of 2026 Arising Out of PS. Case No.-573 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Tarkeshwar Singh, age 62 years, Male, Son of Nagina Singh, Resident of Village- Bashiya, P.S.- Muffasil, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhiraj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2) 109, 352, 351 (2), 3(5) of the BNS.

3. As per allegation in the FIR, petitioner along with other co-accused persons have assaulted and abused the informant and his family members after which the informant got several injuries.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that both the petitioner and informant are neighbours and there is admitted land dispute going on between the parties. He next submits that there is general and omnibus allegation against the petitioner. He submits that petitioner is in

Patna High Court CR. MISC. No.11635 of 2026(2) dt.18-02-2026 2/3 custody since 02.07.2025 and has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. From perusal of the FIR and impugned order dated 19.01.2026, passed by the learned District and Additional Sessions Judge-VIII, Saran at Chapra, it appears that on the basis of written report of the informant, Santosh Kumar Singh, FIR has been registered under Sections 126(2), 115(2), 118(1), 117(2) 109, 352, 351 (2), 3(5) of the BNS against four accused persons including the present petitioner and the allegation is of assaulting and abusing the informant and his family members and, thereafter, informant sustained injuries. It also appears that this is the second attempt for bail of the petitioner. Earlier the prayer for bail of this petitioner was rejected by this Court passed in Cr. Misc. No. 63365 of 2025 vide order dated 26.11.

2025 with an observation that the petitioner will be at liberty to renew his prayer for bail after completion of one year of his custody before the learned trial Court. From perusal of the impugned order, it also appears that chargesheet has been submitted on 31.07.

Patna High Court CR. MISC. No.11635 of 2026(2) dt.18-02-2026 3/3 these aspects of the case and submission of learned counsel for the petitioner and there is no any progress of the trial, I am inclined to grant bail to the petitioner.

7. Accordingly, the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VIII, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 573 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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