Patna High Court
Umesh Ray @ Umesh KumrversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing his release upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Umesh Ray, applied for regular bail in a case registered under sections 305, 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that the petitioner was one of two accomplices who escaped after a theft, with the only evidence against him being the statement of a co‑accused, Kameshwar Yadav, who had already been released on bail. The petitioner was not arrested at the scene, no incriminating articles were recovered from him, and he had no prior criminal record, though he had been in custody since 24‑08‑2025 and a chargesheet had been filed. The State opposed the bail, but the court noted the lack of direct material, the co‑accused’s bail, and the prolonged pre‑trial detention. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, directing the Chief Judicial Magistrate, Supaul, to enlarge the bail.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the material evidence and prolonged pre‑trial detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4), 3(5)
Subjects
- bail
- criminal procedure
- co‑accused statement
- chargesheet
- pre‑trial detention
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13979 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- JADIA District- Supaul
======================================================
Umesh Ray @ Umesh Kumr S/o Pramod Ray R/o Village- Piluwaha, Ward
No. 2, P.S.- Jadia, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Jadia P.S. Case no.176
of 2025 registered under sections 305, 331(4) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that he woke up in the night on hulla being raised by his uncle.
On chase being conducted, one of the accused was arrested who
disclosed his name as Upendra Rishi. On further enquiry, he
disclosed the name of his two accomplices who managed to
escape which included the petitioner herein and one Kameshwar
Yadav. Ornaments belonging to the informant were recovered.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.13979 of 2026(2) dt.12-03-2026
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from the FIR itself it would transpire that neither the petitioner
was arrested at the spot nor any incriminating article recovered
from his possession. Co-accused Kameshwar Yadav has been
enlarged on bail vide order dated 23.12.2025 passed in Cr. Misc.
no.84475 of 2025. The petitioner is in custody since 24.8.2025,
has no criminal antecedent and chargesheet has been submitted
in the case.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner not having been arrested at the spot, no incriminating
article having been recovered from the petitioner’s possession,
the only material against the petitioner being the statement of a
co-accused made before police, co-accused Kameshwar Yadav
having been enlarged on bail vide order dated 23.12.2025, the
petitioner having remained in custody for over 6 months since
24.8.2025 and chargesheet having been submitted in the case,
the Court directs the petitioner to be enlarged on bail in
connection with Jadia P.S. Case no.176 of 2025 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
Patna High Court CR. MISC. No.13979 of 2026(2) dt.12-03-2026
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Chief Judicial Magistrate, Supaul.
(Partha Sarthy, J)
Saurabh/-
U T
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