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2026 DAILYLAW 43838 (PAT)

Tarkeshwar dubey v. The State of Bihar

CR. MISC./87885/2025 · 2026-01-15

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87885 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- SANICHARI District- West Champaran ====================================================== 1. Tarkeshwar dubey Son of Late Bhulan Dubey R/o Bahuarwa Gora, Ward no. 8, P.S. - Sanichari, District - West Champaran. 2. Dinbandhu dubey Son of Tarkeshwar Dubey R/o Bahuarwa Gora, Ward no. 08, P.S. - Sanichari, Dist. - West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the State : Mr. Arun Kumar Pandey, Advocate For the Informant : Mr. Ashutosh Kumar, Advocate : Mr. Abhyanand, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 15-01-2026 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioners, Mr. Ashutosh Kumar, learned counsel appearing on behalf of the informant as well as Mr. Arun Kumar Pandey, learned Additional Public Prosecutor for the State. 2. Petitioners seeks bail who is in custody since 30.10.2025 in connection with Sanichri P.S. Case No. 111 of 2025, F.I.R. dated 08.10.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 352, 351(2), 3(5) of the Bharatiya Nyay Sanhita, 2023. 3. According to prosecution case, the informant alleged that when he was taking her mami on motorcycle, the Patna High Court CR. MISC. No.87885 of 2025(2) dt.15-01-2026 2/4 petitioners along with other co-accused persons attacked him and his mami with intention to kill. It is further alleged that the accused persons assaulted them by mean of rod, lathi and knife and one of accused snatched mangalsutra, ear-tops and Rs. 2000/- from his mami and torn her clothes. 4. Learned counsel for the petitioners submits that petitioners are innocent and they falsely been implicated in the present case. The allegation levelled against the petitioners is false and fabricated and there is case and counter case between the parties. Although the petitioners are named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against them rather there is general and omnibus allegation against all the accused persons including the petitioners. The police after investigation submitted charge-sheet and the petitioners are in custody since 30.10.2025. 5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that petitioner no.1 has got five criminal antecedents and petitioner no.2 has got four criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of Patna High Court CR. MISC. No.87885 of 2025(2) dt.15-01-2026 3/4 the bail petition that both the petitioners are on bail in the pending matters and acquitted in one case. 6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt against the petitioners, let the petitioners, 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 Judicial Magistrate-I Class, Bettiah, West Champaran in connection with Sanichri P.S. Case No. 111 of 2025, subject to the following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for Patna High Court CR. MISC. No.87885 of 2025(2) dt.15-01-2026 4/4 cancellation of bail bond of the petitioners. 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. Suruchi/- (Rajesh Kumar Verma, J) U T