Patna High Court
Amarjit Kumar @ Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and specific conditions.
Summary
Amarjit Kumar was arrested on 10‑04‑2025 in connection with a case involving extortion, assault with a knife and other offences under Sections 341, 324, 326, 307, 387, 506 and 34 of the IPC. He had earlier been granted anticipatory bail on 19‑07‑2022, but the bail bond was cancelled on 21‑10‑2022 because he failed to appear before the trial court, citing a communication gap. The petitioner applied for regular bail, while the State opposed the relief. The High Court considered the prior anticipatory bail order, the reason for non‑appearance, and the seriousness of the charges, and decided to release the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order directs that the bail may be cancelled if the petitioner breaches any condition.
Issues considered
- What is the appropriate relief when an anticipatory bail order has been cancelled due to the accused's failure to appear before the trial court?
- Whether the accused should be released on regular bail despite the seriousness of the offences alleged.
Legislation cited
- Indian Penal Code — s. 307, 324, 326, 34, 341, 387, 506
Subjects
- bail
- anticipatory bail
- cancellation of bail
- IPC offences
- extortion
- assault
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18662 of 2026
Arising Out of PS. Case No.-87 Year-2021 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Amarjit Kumar @ Amarjeet Kumar S/o Ramesh Mahto R/o Village -
Ramnagar Naya tola, P.S - Chapra Mufassil, District - Saran at Chapra
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-04-2026 Heard leaned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks bail who is in custody since
10.04.2025 in connection with Chapra Muffasil P.S. Case No.
87 of 2021 for the offences punishable under Sections 341, 324,
326, 307, 387, 506 and 34 of IPC.
3. The prosecution story, in brief, is that the informant
has shop of tea and Nasta. It is running near Railway Dhala by
the informant and his brother Jay Ram and Hare Ram. It is next
alleged that Amarjit Kr and Triloki Mahto came and demanded
Rupees 200/- as rangdari and threatened to kill the informant
and his brother Jay Ram. It is further alleged that Petitioner
Amarjit Kumar assaulted brother of the Informant namely Hare
Ram with knife repeatedly on his abdomen.
Patna High Court CR. MISC. No.18662 of 2026(2) dt.10-04-2026
2/3
4. Learned counsel for the petitioner submits that
earlier the petitioner has been granted anticipatory bail in the
present case vide order dated 19.07.2022 passed in Cr. Misc.
No. 262 of 2022. Learned counsel for the petitioner submits that
the bail bond of the petitioner was cancelled vide order dated
21.10.2022 on the ground that petitioner had not appeared
before the learned trial court. Learned counsel for the petitioner
submits that due to communication gap, the petitioner has not
appeared before the learned trial court.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts that petitioner has
been granted anticipatory bail in the present case vide order
dated 19.07.2022 passed in Cr. Misc. No. 262 of 2022 but the
bail bond of the petitioner was cancelled as the petitioner was
not able to appear before the learned trial court due to
communication gap, 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 and Additional Sessions Judge-VIII, Saran
at Chapra in connection with Chapra Muffasil P.S. Case No. 87
of 2021 subject to the following conditions:-
Patna High Court CR. MISC. No.18662 of 2026(2) dt.10-04-2026
3/3
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 canceled 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)
Gaurav Sinha/-
U T
Checking your session…