Patna High Court
Jiut KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court reinstated the petitioner’s regular bail on the same terms as the earlier order.
Summary
The petitioner, Jiut Kumar, had earlier been granted regular bail in a criminal case (Kuchaikot P.S. Case No. 292 of 2022) on 16‑12‑2022, subject to appearing before the court when required. He failed to appear after a summons was issued, leading the lower court to cancel his bail on 16‑01‑2026. The petitioner argued that he did not receive the summons, is impoverished, and his non‑appearance was not willful but due to unavoidable circumstances. The Patna High Court considered these facts and directed that the petitioner be released on regular bail again, on the same terms as the earlier order. Consequently, the petition for enlargement of bail was allowed.
Issues considered
- Whether the cancellation of regular bail for failure to appear can be set aside when the accused claims non‑receipt of summons and poverty.
Subjects
- regular bail
- non‑appearance
- summons
- poverty
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17087 of 2026
Arising Out of PS. Case No.-292 Year-2022 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Jiut Kumar S/o Ashok Kumar @ Ashok Mahto Resident of - Chhawahi Khas,
P.S- Manjhagarh, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajnikant, Advocate
Mr. Anand Tiwari, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 11-03-2026 The present Criminal Miscellaneous petition has been
preferred by the petitioner for his enlargement on regular bail in
connection with Kuchaikot P.S. Case No. 292 of 2022.
2. The factual background of this case is that the
petitioner was released on regular bail in pursuance of the order
of this Court dated 16.12.2022 passed in Cr. Misc. No. 63393 of
2022, subject to terms and conditions that he will be available to
the Court whenever his presence is required. However, after
cognizance, summons was issued against the petitioner, but he
did not appear before the Court below. Hence, learned Court
below has cancelled his bail bond by the order dated
16.01.2026, passed by learned District and Additional Sessions
Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in
Patna High Court CR. MISC. No.17087 of 2026(2) dt.11-03-2026
2/2
Kuchaikot P.S. Case No. 292 of 2022.
3. Learned counsel for the petitioner, however,
submits that the petitioner is a poor person and he is busy in
earning livelihood for himself and his family and he has not
received any summons and therefore, he could not attend the
Court below. As such, failure of the petitioner to attend the
Court was neither willful nor negligent, but on account of
unavoidable reasons.
4. Considering the aforesaid facts and circumstances,
the petitioner is directed to be released on regular bail in
connection with Kuchaikot P.S. Case No. 292 of 2022 on the
same terms and conditions as stipulated in the order dated
16.12.2022 passed in Cr. Misc. No. 63393 of 2022.
5. Accordingly, the present petition stands allowed.
(Jitendra Kumar, J)
shoaib/-
U T
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