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Patna High Court

Md. Arman @ Sams TabrejversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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