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Patna High Court

Umesh Rai @ Umesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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