Patna High Court
Amarjeet SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 323, 376, 379, 506
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
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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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