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2026 DAILYLAW 8518 (PAT)

Umakant Kumar @ Umakant Kumar Sah v. The State of Bihar

CR. MISC./25646/2026 · 2026-04-17

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25646 of 2026 Arising Out of PS. Case No.-843 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== Umakant Kumar @ Umakant Kumar Sah S/O Prayag Yadav Resident of Village- Ratanpura, Ward No 5, PS-Ghailarh O.P., District - Madhepura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Isha Mishra, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with S.T. No. 434 of 2025 arising out of Madhepura (Ghailarh) P.S. Case No. 843 of 2025, registered for the offences under Sections 126(2), 115(2), 118(1), 103(1), 109, 352, 351(2), 3(5) of the BNS. 3. As per the prosecution case, in the background of dispute over payment of electricity bill of Rs.10,000/- with his brother, the petitioner and other coaccused persons assaulted him with lathi and danda making him unconscious. They also assaulted the informant and his parents causing injuries to them. Subsequently, the brother of the informant succumbed to his injuries. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The FIR has been lodged after Patna High Court CR. MISC. No.25646 of 2026(2) dt.17-04-2026 2/3 delay of one day for which there is no satisfactory explanation. Learned counsel further submits that there is no specific allegation of assault against this petitioner and the allegations are general and omnibus against all the FIR named accused persons. The petitioner is own brother of the deceased and the allegation against him is not believable. A coaccused persons with similar allegation has been granted bail vide order dated 01.04.2026 passed in Cr. Misc. No. 13209 of 2026 by a learned Single Judge of this Court. The petitioner is having clean antecedent and he is in custody since 16.08.2025 and charge sheet has been submitted. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that the there is allegation against the petitioner and other coaccused persons that they assaulted the brother of the informant and he died due to this assault. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the general and non-specific nature of allegation against the petitioner and also considering relationship of the parties and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- Patna High Court CR. MISC. No.25646 of 2026(2) dt.17-04-2026 3/3 (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned District & Addl. Sessions Judge-III, Madhepura/concerned court, in connection with S.T. No. 434 of 2025 arising out of Madhepura (Ghailarh) P.S. Case No. 843 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T