Tarkeshwar Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84207 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- KHARIK District- Bhagalpur ====================================================== Tarkeshwar Das Son of Late Bishundeo Das Resident of Village- Mirjafari, P.S.- Kharik, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 84449 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- KHARIK District- Bhagalpur ====================================================== Dhaneshwar Das @ Dhaneshwar Kumar @ Das Son of Teep Narain Das @ Teepan Das @ Deepnarayan Das R/o Village - Mirjapur, P.S. - Kharik, Distt. - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 84207 of 2025) For the Petitioner :
Mr. N.K. Agrawal, Sr. Advocate Mr. Vikram Singh, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP (In CRIMINAL MISCELLANEOUS No. 84449 of 2025) For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Vikram Singh, Advocate For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-02-2026 As both the cases arise out of the same police station case number, with consent of parties, they have been heard together for final disposal at this stage itself.
2. Heard learned senior counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.84207 of 2025(4) dt.23-02-2026 2/3
3. The petitioners seek bail in a case registered for the offences punishable under Sections 191(2)/191(3) / 126(2)/115(2)/103(1)/109 of the B.N.S.
4. The allegation in the first information report is that all the F.I.R. named accused persons including these petitioners and 10-20 unknown persons variously armed assaulted the son of the informant. They also fired gun shots in air and fled away.
5. It is submitted by learned senior counsel for the petitioners that the First Information Report has been lodged after a delay of three days inasmuch as the occurrence is said to have taken place on 05.06.2025, whereas the F.I.R. has been lodged on 08.06.2025, without tendering any plausible explanation, and the allegation is against seven named and about 10-20 unknown persons of having assaulted the informant's son and others. The background has been stated in the F.I.R. that there was a scuffle between some youngsters and the Barat party, which was mediated by some of the villagers and so far as the deceased is concerned, he neither belongs to the bride or bridegroom party rather he had just gone to watch and received injury by hard and blunt substance as is indicated in the injury report. Further, neither any motive has been alleged nor any
Patna High Court CR. MISC. No.84207 of 2025(4) dt.23-02-2026 3/3 specific allegation has been levelled against these petitioners rather the allegations are general, omnibus and sweeping in nature. The petitioner, Tarkeshwar Das has been languishing in custody since 22.09.2025, while petitioner, Dhaneshwar Das is in custody since 20.09.2025 and charge-sheet has been submitted.
6. Learned APP for the State opposed the bail petition.
7. Taking into consideration the facts and circumstances of the case and also considering the general and omnibus nature of allegations without any motive, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Kharik P.S. Case No.180 of 2025. (Soni Shrivastava, J) Trivedi/- U T