Patna High Court
Md. Arman @ Sams TabrejversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court ordered the trial court to verify the petitioner’s absconding status in the pending cases and, upon satisfaction, to grant bail with a bond and conditions under the BNSS, 2023.
Summary
The petitioner, Md. Arman @ Sams Tabrej, was charged under Section 392 of the Indian Penal Code in Sarairanjan P.S. Case No. 336 of 2023 and sought regular bail after two prior rejections. He had been in custody since 17 January 2024 but submitted annexures showing he was on bail in several other pending cases. The State opposed bail, arguing it was unclear whether the petitioner was an absconder in those cases. The High Court observed that while the petitioner appears to be on bail elsewhere, the possibility of absconding required verification. Consequently, the Court directed the trial court to confirm the petitioner’s status in the listed cases and, if satisfied, to grant bail on a bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023, with conditions prescribed under Section 480(3) of the same Act.
Issues considered
- What is the appropriate basis for granting regular bail to a person charged under Section 392 IPC when there are multiple pending cases?
- Whether the petitioner is an absconder in the other pending cases, affecting bail eligibility.
- Whether bail can be conditioned under Section 2(1)(d) and Section 480(3) of the BNSS, 2023.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- regular bail
- Section 392 IPC
- absconding
- BNSS 2023
- bail bond
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8056 of 2026
Arising Out of PS. Case No.-336 Year-2023 Thana- SARAI RANJAN District- Samastipur
======================================================
Md. Arman @ Sams Tabrej S/O Md. Parvez R/O Village- Chandhour, Rahim
Tola, P.S- Ujiarpur,Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sarairanjan P.S. Case No. 336 of 2023, lodged on 03.12.2023,
under Section 392 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner has earlier been rejected twice
vide order dated 15.05.2024 passed in Cr. Misc. No. 26685 of
2024 and vide order dated 19.12.2025 passed in Cr. Misc. No.
57454 of 2025. He further submits that in the first rejection
order, liberty was granted to renew his prayer for bail one year
after the framing of charge. In the second rejection order, liberty
was granted to renew his prayer for bail subject to apprising the
Court about the status of the pending cases against the
Patna High Court CR. MISC. No.8056 of 2026(2) dt.09-02-2026
2/3
petitioner.
4. Counsel further submits that the petitioner has filed
an application for information before the learned court below
where the cases are pending, and information has been
provided, which is annexed as Annexure-P/3 series. He submits
that in all the cases, the report has come that the petitioner is on
bail. He also submits that the petitioner has been in custody
since 17.01.2024 and is ready to comply with any conditions
that may be imposed.
5. Learned APP for the State opposes the prayer for
bail and submits that from the said annexure, it is not clear
whether the petitioner is an absconder or not.
6. In light of the submissions made above and upon
perusal of the report, it transpires to this Court that the petitioner
is on bail in all cases. However, if a person has been granted
bail, he may subsequently become an absconder, and from the
report it is not clear whether he is absconding or not. Therefore,
this Court, despite the pendency of this bail application,
disposes off the same by directing the Trial Court to verify from
its records, with supporting documents, whether the petitioner is
absconding in the pending cases or not, which are mentioned
below:-
Patna High Court CR. MISC. No.8056 of 2026(2) dt.09-02-2026
3/3
(i) Ujiarpur P.S. Case No. 268 of 2022
(ii) Tajpur (Waini OP) P.S. Case No. 60 of 2022
(iii) Tajpur (Waini OP) P.S. Case No. 144 of 2022
(iv) Samastipur Muffasil P.S. Case No. 387 of 2022
(v) Bibhutipur P.S. Case No. 394 of 2022
(vi) Sarairanjan P.S. Case No. 292 of 2022
(vii) Sarairanjan P.S. Case No. 346 of 2023
(viii) Sarairanjan P.S. Case No. 325 of 2023
7. Learned counsel for the petitioner is directed to
produce a copy of the relevant records of those cases. Upon
being satisfied, the Trial Court shall grant him bail, on
furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand)
as mentioned in Section 2(1) (d) of the BNSS, 2023 to the
satisfaction of Judicial Magistrate 1st Class, Samastipur, in
connection with Sarairanjan P.S. Case No. 336 of 2023, subject
to the following conditions as laid down under Section 480(3) of
the BNSS.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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