Jiut Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17087 of 2026 Arising Out of PS. Case No.-292 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Jiut Kumar S/o Ashok Kumar @ Ashok Mahto Resident of - Chhawahi Khas, P.S- Manjhagarh, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajnikant, Advocate Mr. Anand Tiwari, Advocate For the State :
Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-03-2026 The present Criminal Miscellaneous petition has been preferred by the petitioner for his enlargement on regular bail in connection with Kuchaikot P.S. Case No. 292 of 2022.
2. The factual background of this case is that the petitioner was released on regular bail in pursuance of the order of this Court dated 16.12.2022 passed in Cr. Misc. No. 63393 of 2022, subject to terms and conditions that he will be available to the Court whenever his presence is required. However, after cognizance, summons was issued against the petitioner, but he did not appear before the Court below. Hence, learned Court below has cancelled his bail bond by the order dated 16.01.2026, passed by learned District and Additional Sessions Judge-IV-cum-Exclusive Special Excise Court-II, Gopalganj in
Patna High Court CR. MISC. No.17087 of 2026(2) dt.11-03-2026 2/2 Kuchaikot P.S. Case No. 292 of 2022.
3. Learned counsel for the petitioner, however, submits that the petitioner is a poor person and he is busy in earning livelihood for himself and his family and he has not received any summons and therefore, he could not attend the Court below. As such, failure of the petitioner to attend the Court was neither willful nor negligent, but on account of unavoidable reasons.
4. Considering the aforesaid facts and circumstances, the petitioner is directed to be released on regular bail in connection with Kuchaikot P.S. Case No. 292 of 2022 on the same terms and conditions as stipulated in the order dated 16.12.2022 passed in Cr. Misc. No. 63393 of 2022.
5. Accordingly, the present petition stands allowed. (Jitendra Kumar, J) shoaib/- U T