Amresh Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

Amresh Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Muzaffarpur/concerned Court below in connection with Siwaipatti P.S. Case No. 170 of 2022, subject to conditions of weekly Sunday attendance at Ahiyapur Police Station and regular appearance/cooperation in the trial, either default triggering automatic cancellation of the bail bond.

Issue for consideration

Whether the petitioner, who is in custody since 06.04.2023 in Siwaipatti P.S. Case No. 170 of 2022 (offences under Sections 302/34 IPC and Section 27 Arms Act), should be released on regular bail.

Court's answer

Considering the period of custody and the submissions of the learned senior counsel for the petitioner, the Court allowed the application for regular bail.

Ratio / Principle

Release on bail is made subject to the condition that the petitioner marks attendance at Ahiyapur Police Station on every Sunday of each month, any default in appearance resulting in automatic cancellation of his bail bond.

Key takeaways

Release on bail is further conditioned on the petitioner appearing in the trial regularly, personally or through his lawyer, and cooperating in the trial, non-cooperation resulting in automatic cancellation of his bail bond.ratio¶7(ii)

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), by order dated 04-02-2025 in Cr. Misc. No. 28105 of 2024, allowed the second application of Amresh Kumar for regular bail in connection with Siwaipatti P.S. Case No. 170 of 2022, District Muzaffarpur, registered for offences under Sections 302/34 IPC and Section 27 of the Arms Act; his earlier bail application had been rejected on 26.07.2023 in Cr. Misc. No. 44810 of 2023. Bail was granted considering the period of custody (in custody since 06.04.2023) with no witness yet examined. Release directed on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the S.D.J.M., Muzaffarpur, conditioned on (i) marking attendance at Ahiyapur Police Station every Sunday, default entailing automatic cancellation of the bail bond, and (ii) regular appearance in and cooperation with the trial, non-cooperation likewise entailing automatic cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28105 of 2024

Arising Out of PS. Case No.-170 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur

======================================================

Amresh Kumar S/o Shatrudhan Sah R/o vill - Mustafapur, P.S. - Ahiyapur, Distt. - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mrs. Madhubala Verma For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

11 04-02-2025

Heard the learned senior counsel for the petitioner and

the learned APP for the State.

2 . The learned APP for the State; Sri Jharkhandi Upadhyay, has filed counter affidavit in the case.

3 . This is the 2^nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 26.07.2023 passed in Cr. Misc. No. 44810 of 2023.

4. The petitioner seeks regular bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

5. Learned senior counsel for the petitioner has submitted that petitioner is in custody since 06.04.2023 and not even a single witness has been examined yet.

Patna High Court CR. MISC. No.28105 of 2024(11) dt.04-02-2025 2/2

5 . Learned A.P.P. has vehemently opposed the prayer

for bail.

6 . Considering the period of custody as well as the submission of the learned senior counsel for the petitioner, this application for regular bail is allowed.

7 . Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Muzaffarpur/concerned Court below in connection with Siwaipatti P.S. Case No. 170 of 2022 subject to conditions that:-

(i). The petitioner will mark his attendance at the Ahiyapur Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in automatic cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in automatic cancellation of the bail bond of the petitioner.

(Sandeep Kumar, J)

Shishir/-

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