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Patna High Court

Umesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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