Patna High Court
Amarjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to the stipulated conditions.
Summary
Amarjeet Kumar was apprehended for alleged kidnapping under IPC sections 365, 366, 366A and POCSO Act section 4 in Bela P.S. Case No. 113 of 2020. The petitioner claimed innocence, asserting that the police investigation had concluded with a final report exonerating him, yet cognizance was taken. He applied for bail, arguing that the exonerating report negated any ground for detention. The High Court, noting the final report’s findings, allowed the bail application, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under CrPC sections 482 and 438(2). The Court clarified that its order pertained only to bail and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite cognizance being taken after an exonerating final report
- Whether the petitioner is entitled to release pending trial under the provisions of the Code of Criminal Procedure
Legislation cited
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 365, 366, 366A
- Protection of Children from Sexual Offences Act — s. 4
Subjects
- bail
- kidnapping
- POCSO Act
- exonerating report
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6396 of 2026
Arising Out of PS. Case No.-113 Year-2020 Thana- BELA District- Sitamarhi
======================================================
Amarjeet Kumar S/O Dhukhharan Mahto R/O Vill.- Sirsiya Bazar, P.s- Bela,
Dist- Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. X S/O Y R/O Vill.- Sirsiya Bazar,Ward no- 06, P.s- Bela, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Uday Kumar, Advocate
For the State : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 12-05-2026 Heard learned counsel for the petitioner; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Bela P.S. Case No. 113 of 2020 instituted under Sections 365,
366 and 366A of the Indian Penal Code and Section 4 of the
POCSO Act.
3. The allegation against the petitioner is of
kidnapping the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case only on suspicion.
5. After investigation, final form was submitted
exonerating the petitioner but on protest cognizance has been
Patna High Court CR. MISC. No.6396 of 2026(4) dt.12-05-2026
2/2
taken.
6. Considering the fact that after completion of
investigation, the police had filed a final form exonerating the
petitioner, this application is allowed.
7. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds 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 6th cum-Special Judge (POCSO
Act), Sitamarhi, District- Sitamarhi/ concerned Court in
connection with Bela P.S. Case No. 113 of 2020, subject to the
conditions laid down in Section 482 of the BNSS/ 438(2) of the
Code of Criminal Procedure, 1973.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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