Patna High Court
Umesh Rai @ Umesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners, holding that the lack of eye‑witness testimony and the evidentiary material did not warrant continued detention.
Summary
The petitioners – Umesh Rai, Awadhesh Rai and Deonarayan Rai – were accused of murder under Sections 302 and 34 of the Indian Penal Code, alleged to have been committed in connivance with co‑accused. They sought bail, arguing that there were no eye‑witnesses and that they were only seen fleeing the scene, with none of the examined witnesses implicating them. The State opposed the bail application. The court examined the lack of direct evidence and the prolonged custody of the petitioners. Considering the circumstances, the court ordered their release on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties each. The bail order was directed to be complied with by the Additional Sessions Judge, Muzaffarpur.
Issues considered
- Whether bail should be granted to accused persons in a murder case under Sections 302/34 of the IPC when there is no eye‑witness evidence.
- Whether the prosecution’s case, based largely on suspicion and the accused fleeing the scene, justifies continued detention.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- evidence
- eye‑witness
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1118 of 2026
Arising Out of PS. Case No.-97 Year-2023 Thana- MINAPUR District- Muzaffarpur
======================================================
1. Umesh Rai @ Umesh Ray S/o Sri Deonarayan Rai @ Devnarayan Ray
Resident of Village- Methunapur, P.S. Minapur, District- Muzaffarpur
2. Awadhesh Rai @ Avdhesh Ray S/o Sri Deonarayan Rai @ Devnarayan Ray
Resident of Village- Methunapur, P.S. Minapur, District- Muzaffarpur
3. Deonarayan Rai @ Devnarayan Ray S/o Late Mahaveer Ray Resident of
Village- Methunapur, P.S. Minapur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Prakash Verma
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for
offence under Sections 302/34 of the Indian Penal Code.
3. It is alleged that these petitioners, in connivance
with other co-accused persons, committed murder of husband of
informant.
4. Learned counsel for the petitioners submits that
there is no eye-witness to the occurrence. Petitioners have been
made accused only on suspicion. At best, petitioners were only
seen fleeing from the place of occurrence. During investigation,
Patna High Court CR. MISC. No.1118 of 2026(2) dt.13-02-2026
2/2
none of the witness has claimed to have seen these petitioners
committing the alleged occurrence. During trial, none of the
witnesss, who were examined, has supported the case. Petitioner
no. 1 is in custody since 24.11.2024, whereas, petitioner nos. 2
& 3 are in custody since 16.03.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners be released on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of learned 2 nd Addl.
Sessions Judge, Muzaffarpur in connection with Sessions Trial
No. 309 of 2025/Sessions Trial No. 599 of 2025, arising out of
Minapur P.S. Case No. 97 of 2023.
(Prabhat Kumar Singh, J)
anay
U T
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