Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, ordering his release on a bond of Rs 10,000 with two sureties.
Summary
Umesh Kumar was arrested in connection with alleged dacoity and related offences under IPC sections 399, 402, 413 and 414, and Arms Act sections 25(1‑b)a, 26 and 35. He has been in custody since 4‑December‑2025, but no weapon was recovered from his possession; the case against him rests mainly on a confessional statement made by another accused in police custody, which the petitioner argued lacks evidentiary value. The petitioner, a first‑time offender, sought regular bail, contending that he would cooperate with the trial and not abscond. The State opposed the bail on the seriousness of the charges. The court considered the lack of direct material against the petitioner and the prior grant of regular bail to the co‑accused, and ordered his release on bail with a bond of Rs 10,000 and two sureties, one being his father.
Issues considered
- Whether bail should be granted in a case involving serious offences such as dacoity and possession of arms.
- Whether a confessional statement of a co‑accused in police custody can justify continued detention of the petitioner.
- Whether the petitioner’s clean antecedent and cooperation warrant regular bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402, 413, 414
Subjects
- bail
- dacoity
- Arms Act
- confessional statement
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10206 of 2026
Arising Out of PS. Case No.-299 Year-2023 Thana- HARSIDHI District- East Champaran
======================================================
Umesh Kumar S/o Makkhan Mahto Resident of Village- Panapur saraia tola,
P.s.- Harsiddhi, District- East Champaran Motihari Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Tiwari
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 399, 402, 413 and 414 of the
Indian Penal Code read with Sections 25(1-b)a/26/35 of the Arms
Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody since 4-
12-2025 and allegation is of recovery of a live cartridge from
possession of Md. Sahabuddin, it is also alleged accused persons
were planning to commit dacoity.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and he came to be
implicated based on confessional statement of apprehended-accused
Patna High Court CR. MISC. No.10206 of 2026(2) dt.24-04-2026
2/2
in police custody which does not have any evidentiary value. It is
next submitted that Md. Sahabuddin, from whose possession live
cartridge was recovered, had approached this Court seeking regular
bail by filing Cr. Misc No. 61310 of 2023 and the same came to be
allowed by an order dated 19-12-2023 by a learned Co-ordinate
Bench. It is also submitted that if privilege of regular bail is granted
to the petitioner, the petitioner will not abscond rather will co-operate
in the trial to prove his innocence. It is next submitted that charge-
sheet has been submitted.
5. Learned A.P.P. for the State vehemently opposes the
prayer for bail of the petitioner.
6. Considering the submission made by learned counsel
for the petitioner, let the petitioner above named be released on bail
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in connection
with Harsidhi P.S. Case No. 299 of 2023 .
7. One of the bailors of the petitioner shall be his father,
Makkhan Mahto.
(Satyavrat Verma, J)
Sumit/-
U T
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