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Patna High Court

Umakant Kumar @ Umakant Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Umakant Kumar, applied for bail in a case (S.T. No. 434 of 2025) involving multiple offences under the Bihar Penal Code, arising from a family dispute over an electricity bill that allegedly led to a violent assault and the death of the informant's brother. The prosecution alleged that the petitioner, along with co‑accused, assaulted the victim with lathi and danda, causing fatal injuries. The petitioner contended that he was falsely implicated, the FIR was lodged a day after the incident without explanation, and the allegations against him were vague and non‑specific; he also highlighted his clean antecedent and that a co‑accused had previously been granted bail. The State opposed bail, asserting that the petitioner was part of the assault that caused death. Considering the non‑specific nature of the allegations, the petitioner’s relationship to the deceased, and the charge‑sheet submission, the court ordered his release on bail subject to conditions under Section 480(3) of the BNSS and other safeguards.

Issues considered

  • Whether the petitioner is entitled to bail despite being charged with multiple serious offences including homicide.
  • Whether the non‑specific and omnibus nature of the allegations against the petitioner justifies granting bail.
  • Whether the conditions prescribed under Section 480(3) of the BNSS are applicable in this bail application.

Legislation cited

Subjects

  • bail
  • non‑specific allegations
  • clean antecedent
  • Section 480(3) BNSS
  • Bihar Penal Code
  • criminal procedure

Judgment

                      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.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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