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Patna High Court

Amarjeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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