Tushar Singh @ Jhatkan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85947 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- SARSI District- Purnia ====================================================== Tushar Singh @ Jhatkan Singh S/o Late Manish Singh @ Late Manish Kumar Singh Resident of Village- Sarsi Chharra Patti, P.S.- Sarsi, District- Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shail Devi W/o Premjeet Kumar Singh Resident of Village- Sarsi Chharra Patti, P.S.- Sarsi, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Madan Kumar, APP For the Informant :
Mr. Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-03-2026 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner, Mr. Madan Kumar, learned Additional Public Prosecutor for the State as well as Mr. Ramesh Kumar Singh, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since 27.08.2025 in connection with Sarsi P.S. Case No. 68 of 2024, F.I.R. dated 06.04.2024 for the offences punishable under Sections 341, 342, 323, 325, 354, 363, 364(A), 34 of the Indian Penal Code and Section 12 of POCSO Act and 27 of Arms Act.
3. According to prosecution case, the informant alleged that on 06.04.2024, the petitioner along with other accused persons forcibly kidnapped his sister and assaulted his
Patna High Court CR. MISC. No.85947 of 2025(3) dt.25-03-2026 2/3 family members and threatened to kill them and thereafter fled away.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R. He next submits that statement of the victim was recorded under Section 164 Cr.P.C in which she did not state anything about the petitioner and police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 27.08.2025.
5. The learned Additional Public Prosecutor as well as learned counsel for the Informant have vehemently opposed the prayer for bail of the petitioner and submits that petitioner was involved in present crime in question and apart from that petitioner carries four criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 District &
Patna High Court CR. MISC. No.85947 of 2025(3) dt.25-03-2026 3/3 Additional Session Judge-VI-cum-Special judge, POCSO, Purnea in connection with Sarsi P.S. Case No. 68 of 2024, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. 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 antecedent, 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) Suruchi/- U T