Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51160 of 2025 Arising Out of PS. Case No.-53 Year-2022 Thana- SIGAUDI District- Patna ====================================================== Amit Kumar, Son of Kamlesh Prasad @ Kamlesh Singh, Village -Madhwan, P.S-. Paliganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi, Advocate Ms. Prerna Rishi, Advocate Mr. Kundan Kumar, Advocate Mr. Gautam Kumar, Advocate Mr. Nishant Shekhar, Advocate For the State :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-08-2025 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 983 of 2022, arising out of Sigori P.S. Case No. 53 of 2022, dated 25.03.2022, registered for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.
3. Prior to the present petition, the petitioner had moved this Court earlier for similar relief by filing Cr. Misc. No. 12294 of 2023, which was rejected by this Court vide order dated 29.05.2023 on account of seriousness of the alleged offence. However, by the same order, learned Trial Court was
Patna High Court CR. MISC. No.51160 of 2025(5) dt.30-08-2025 2/3 requested to conclude the trial within a period of two years and in case of failure of learned Trial Court to conclude the same within the stipulated time, the petitioner was given liberty to move fresh application for similar relief. However, despite passage of more than two years and three months, trial is not concluded and still two prosecution witnesses are still to be examined and the petitioner has been in custody for about three years and five months since 30.03.2022.
4. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded and the petitioner has been in custody since 30.03.2022, this application is allowed, directing the petitioner, above named, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-V, Danapur/Concerned Court Below in Sessions Trial No. 983 of 2022, arising out of Sigori P.S. Case No. 53 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/Court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or
Patna High Court CR. MISC. No.51160 of 2025(5) dt.30-08-2025 3/3 non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J) shoaib/- U T