Patna High Court
Umakant Kumar @ Umakant Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Penal Code (BNS) — s. 103(1), 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
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
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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
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(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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