Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76589 of 2025 Arising Out of PS. Case No.-152 Year-2020 Thana- GURUA District- Gaya ====================================================== Amit Kumar Son of Nand Kishor Chaudhari R/O Vill- Gulari, P.S.- Gurua, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 413 and 414/34 of the Indian Penal Code.

3. Learned counsel for the petitioner, at the outset, submits that it is a case of misuse of privilege of bail. It is submitted that the bail bond of the petitioner was cancelled on 21.08.2023 and accordingly, non-bailable warrant (NBW) was issued against him. It is further submitted that due to Covid-19 pandemic, the petitioner was unable to make proper pairvi his case before the trial Court, which ultimately resulted in cancellation of his bail bond. It was emphasized that there was no intentional misuse of the privilege of bail on his part.

Patna High Court CR. MISC. No.76589 of 2025(2) dt.19-11-2025 2/2 Petitioner is in custody since 12.09.2025.

4. Learned APP appearing for the State has opposed the prayer of regular bail.

5. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gurua P.S. Case No. 152 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ASJ-1st, Sherghati, Gaya, with a condition that the petitioner shall remain physically present on each and every date till the conclusion of the trial.

6. Before parting, this Court deems it appropriate to observe that while passing judicial order relating to misuse of bail, the learned trial Court must exercise judicial discretion cautiously. No persons should be compelled to approach this Court unnecessarily for such reliefs.

(Ashok Kumar Pandey, J) Jagdish/- U T