Patna High Court
Umesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Considering the nature of the accusation, the material collected during investigation, and the period of custody, the court allowed regular bail to the petitioner.
Summary
Umesh Kumar Singh was arrested in connection with a murder case under sections 328, 302/34 of the Indian Penal Code, alleged to have poisoned the father of an informant to obtain land consideration. The petitioner argued that the informant was not an eye‑witness, the death could be due to natural causes, and the FIR was lodged after an undue delay, rendering the prosecution case doubtful. The State opposed bail. The court examined the nature of the accusation, the investigative material, and the length of the petitioner's custody since July 2025. Finding no compelling reason to deny bail, the court ordered regular bail on a bond of Rs.10,000 with two sureties. The petitioner was directed to appear before the Additional Chief Judicial Magistrate, Bikramganj, Rohtas.
Issues considered
- Whether the petitioner is entitled to regular bail in a murder case under sections 328, 302/34 IPC given the circumstances of the FIR and investigation.
Legislation cited
- Indian Penal Code — s. 302, 328, 34
Subjects
- regular bail
- murder
- IPC sections 328 302 34
- bail petition
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4418 of 2026
Arising Out of PS. Case No.-590 Year-2023 Thana- DINARA District- Rohtas
======================================================
Umesh Kumar Singh S/o Late Dwarika Singh R/o vill - Brahmhatar, P.S.-
Piro, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. MS Priya, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under sections 328, 302/34 of the Indian
Penal Code.
3. As per prosecution case, petitioner along with
another accused person named in the FIR, committed murder of
father of informant by administering poison in order to grab
consideration money of the land which was sold by deceased to
the petitioner.
4. Learned counsel appearing for the petitioner
submits that informant is not an eye witness to the alleged
occurrence and only on suspicion, this petitioner has been made
an accused in this case. He submits that the petitioner
purchased a land from father of informant after payment of full
consideration money and as such, there was no occasion or
Patna High Court CR. MISC. No.4418 of 2026(2) dt.16-02-2026
2/2
motive for petitioner to commit any offence. Father of informant
was aged about 75 years and he may have died due to ailment.
F.I.R. has been lodged after inordinate delay of ten days without
any explanation which renders the entire prosecution case
doubtful. Charge sheet has already been filed. Petitioner is in
custody since 14.7.2025.
5. Learned counsel for the State opposes the prayer
for bail.
6. Considering the nature of accusation, materials
collected during investigation and period of custody of the
petitioner, his prayer for regular bail is allowed. Let the
petitioner, mentioned above, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of Additional Chief Judicial
Magistrate, Bikramganj, Rohtas in Dinara Police Station Case
No. 590 of 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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