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Patna High Court

Amarjeet SharmaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties of equal amount, and a condition to cooperate with the investigation.

Summary

Amarjeet Sharma was arrested in a Sessions trial for offences under IPC sections 376, 379, 323, 506 read with Section 27 of the Arms Act, alleged to have sexually assaulted a victim while working in an orchestra. The petitioner claimed innocence, asserting a consensual relationship with the victim and that the FIR was lodged six years after the incident. The State opposed his bail, citing the seriousness of the charges. The Patna High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to cooperate with the investigation. The court clarified that its order was limited to the bail matter and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving rape, theft, hurt and criminal intimidation under the IPC and the Arms Act.

Legislation cited

Subjects

  • bail
  • rape
  • IPC
  • Arms Act
  • criminal procedure
  • pre‑trial detention
  • consent
  • FIR delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8828 of 2026
                       Arising Out of PS. Case No.-137 Year-2024 Thana- DURAULI District- Siwan
                 ======================================================
                 Amarjeet Sharma Son of Late Yamuna sharma @ Jamuna Sharma Resident of
                 Village - Don Paschim Tola, P.S. - Durauli, Dist. - Siwan(Bihar).

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Tiwari
                 For the Opposite Party/s :       Mr.Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sessions Trial No.653 of 2025 (arising out of Durauli P.S. Case

                   No. 137 of 2024, registered for the offence punishable under

                   Sections 376, 379, 323, 506 of I.P.C. read with Section 27 of

                   Arms Act.

                                3. As per the prosecution case, the petitioner while

                   working in Orchestra is said to have sexually assaulted the

                   victim.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. It is further submitted that the petitioner

                   and the victim were in consensual relationship and the F.I.R. has
            Patna High Court CR. MISC. No.8828 of 2026(4) dt.27-04-2026
                                                        2/2




                      been filed after 6 years of the alleged occurrence.

                                   5. Learned APP appearing for the State opposes the

                      prayer for bail of the petitioner.

                                   6. Considering the facts and circumstances, this

                      application is allowed.          Let the petitioner, above named, be

                      released on bail after framing of charge, if not framed, 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 & Additional Sessions Judge-I-cum-Special Judge,

                      Siwan /concerned Court below in connection with Sessions Trial

                      NO.653 of 2025 (arising out of Durauli P.S. Case No. 137 of

                      2024, subject to the condition that the petitioner will cooperate

                      in the investigation.

                                   7. 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)
sanjeev/-

U       T


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