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Patna High Court

Umesh Kumar @ PawanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application, granting regular bail to the petitioners on condition of bond and sureties.

Summary

The petitioners, Umesh Kumar and Sushil Kumar, applied for regular bail in a case registered under Sections 140(3), 103(1), 238 and 3(5) of the B.N.S. The prosecution’s case is based solely on a confessional statement of a co‑accused, with the petitioners not named in the FIR and no other material evidence against them. The petitioners argued that the FIR was lodged two days after the alleged incident without justification, they have clean criminal records, and have been in custody since 22‑06‑2025. The State and the informant opposed bail, contending that the petitioners’ names emerged during investigation and that suspicion remains. After considering the lack of direct evidence, the delay in filing the FIR, and the petitioners’ clean antecedent, the Court ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties each, and the application was allowed.

Issues considered

  • Whether bail should be granted when the accused are not named in the FIR and the only material is a co‑accused’s confession.
  • Whether the two‑day delay in lodging the FIR affects the propriety of granting bail.
  • Whether the petitioners’ clean criminal antecedent and custody since 22‑06‑2025 warrant bail.

Legislation cited

  • B.N.S. — s. 103(1), 140(3), 238, 3(5)

Subjects

  • regular bail
  • criminal procedure
  • confession
  • FIR delay
  • clean antecedent
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.2848 of 2026
                     Arising Out of PS. Case No.-385 Year-2025 Thana- BIKRAMGANJ District- Rohtas
                 ======================================================
           1.     Umesh Kumar @ Pawan S/O Devendra Ram R/o - Dhangain, P.S -
                  Bikramganj, District - Rohtas, Bihar
           2.    Sushil Kumar S/O Sugriv Ram R/o - Dhangain, P.S - Bikramganj, District -
                 Rohtas, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Uday Shankar Pandey, Advocate
                 For the State           :        Mr. Murli Dhar, APP
                 For the informant       :        Mr. Vinay Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   02-04-2026                   Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                 2. The petitioners have preferred this application for

                   grant of regular bail in connection with Bikramganj P.S. Case

                   No. 385 of 2025 registered for the offence under Sections

                   140(3) of the B.N.S and further added Sections 103(1), 238 and

                   3(5) of the B.N.S.

                                 3. As per the prosecution case, the informant had gone

                   to her maternal home to attend a marriage ceremony. While

                   returning from the said function on 04.06.2025, she learned that

                   her son was not at home. Furthermore, she also came to know

                   that Suraj Kumar (son of the informant) had been missing since
Patna High Court CR. MISC. No.2848 of 2026(3) dt.02-04-2026
                                            2/3




          03.06.2025. Thereafter, she filed a missing report in the form of

          the present written report.

                       4. Learned counsel for the petitioners submits that

          petitioners are not named in the FIR and their names have

          transpired in this case merely on the basis of confessional

          statement of co-accused Gautam Ram @ Suraj Kumar Bharti

          before the police and apart from this confession statement, there

          is no legal or tangible material against the petitioner on record.

          It has further been submitted that there is a delay of two days in

          lodging the FIR without giving any plausible reason for the

          same. It has also been submitted that the charge sheet has been

          filed against the petitioners and there is no allegation of

          tampering against them. It has lastly been submitted that the

          petitioners have clean criminal antecedent and are in custody

          since 22.06.2025.

                       5. Learned APP appearing on behalf of the State and

          learned counsel for the informant vehemently opposed the

          prayer for grant of bail to the petitioner. Learned counsel for the

          informant submits that there is suspicion against the petitioners

          and the name of the petitioners surfaced during the course of the

          investigation.

                       6. Considering the aforesaid submissions of the
              Patna High Court CR. MISC. No.2848 of 2026(3) dt.02-04-2026
                                                          3/3




                        parties and the nature of material against the petitioners, let the

                        petitioners above-named, be enlarged on bail on furnishing bail-

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

                        sureties of the like amount each to the satisfaction of learned

                        Court concerned, Rohtas, in connection with Bikramganj P.S.

                        Case No. 385 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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