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Patna High Court

Amarjit Kumar @ Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                      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
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                                  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


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