Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount.
Summary
Amit Kumar was arrested in connection with a case registered under Section 136 of the Electricity Act, later amended to include Sections 411 and 34 of the IPC. He filed a bail petition after the charge was framed, but the trial court rejected it, leaving him in judicial custody since August 12, 2025. The petitioner renewed his prayer for regular bail before the Patna High Court, arguing that he is entitled to bail after charge framing. The State opposed the bail application. After hearing both sides, the High Court found the circumstances warranted bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the ACJM-II, Nalanda. Consequently, the bail petition was disposed in the petitioner’s favour.
Issues considered
- Whether the petitioner is eligible for regular bail after the charge was framed under Section 136 of the Electricity Act and Sections 411/34 of the IPC
- Whether the earlier rejection of bail by the trial court precludes granting bail at the appellate stage
- Whether the conditions of bail (bond and sureties) are appropriate under the circumstances
Legislation cited
- Electricity Act — s. 136
- Indian Penal Code — s. 34, 411
Subjects
- bail
- regular bail
- Electricity Act
- IPC
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3490 of 2026
Arising Out of PS. Case No.-85 Year-2024 Thana- RAHUI District- Nalanda
======================================================
Amit Kumar, Son of Dilip Mahto, Resident of village - Pahsara, Police
Station - Navakothi, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Rahui P.S. Case No. 85 of 2024
registered for the offence punishable under Section 136 of the
Electricity Act and later on Section 411/34 of the I.P.C. has been
added which was earlier rejected by this Court vide order dated
08.10.2025 passed in Cr. Misc. No. 69885 of 2025 with liberty
to renew his prayer for bail after framing of charge in the
trial Court itself.
3. Learned counsel for the petitioner has submitted
that he has filed bail petition before the trial Court after framing
of charge but the same has been rejected. Petitioner is
languishing in judicial custody since 12.08.2025.
Patna High Court CR. MISC. No.3490 of 2026(2) dt.06-02-2026
2/2
4. The application for bail is vehemently opposed by
learned APP for the State.
5. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-II, Nalanda at Biharsharif in connection with Rahui
P.S. Case No. 85 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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