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Patna High Court

Umesh Ram @ Umesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties, and conditions of personal appearance until framing of charges.

Summary

The petitioner, Umesh Ram, was alleged to have participated in a mobile‑phone snatching on a motorcycle, for which an FIR was lodged two days after the incident under IPC sections 126(2), 127(2), 351(2), 309(4) and sections 3 and 5 of the Bihar Narcotic Substances Act, 2023. The petitioner applied for bail, contending that the FIR was delayed, the accused were masked with gamchas, and therefore his identification was doubtful; he also highlighted his clean antecedent and the fact that he had been in custody since 24‑05‑2025 without the trial having commenced. The State opposed the bail. The Court, after considering the delay in filing the FIR, the doubtful identification, the petitioner’s clean record and the pending trial, ordered that bail be granted on a bond of Rs 10,000 with two sureties of the same amount, subject to the condition that the petitioner appear in court on every date until framing of charges and that bail may be cancelled if he is absent for two consecutive dates. The order was pronounced by Justice Soni Shrivastava.

Issues considered

  • Whether bail should be granted to the accused in a snatching case where the FIR was lodged after a delay and identification is doubtful
  • Whether the petitioner’s clean antecedent and the pendency of trial justify bail despite charges under IPC and BNS Act

Legislation cited

Subjects

  • bail
  • snatching
  • identification doubt
  • delay in FIR
  • clean antecedent
  • Indian Penal Code
  • Bihar Narcotic Substances Act
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72747 of 2025
                         Arising Out of PS. Case No.-89 Year-2025 Thana- BADDI District- Rohtas
                 ======================================================
                 Umesh Ram @ Umesh Kumar Shatrudhan Ram @ Satrughn Ram (It may be
                 read as 31 years in place of 40 years as per Adhar Card of the petitioner and
                 his date of birth is 03.01.1995)R/o Village - Murlipur, P.S. - Baddi, Dist. -
                 Rohtas.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Babu Nandan Prasad, Adv.
                 For the Opposite Party/s :       Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Baddi P.S. Case no.89 of 2025

                   registered under sections 126(2), 127(2), 351(2), 309(4) and 3/5

                   of BNS, 2023.

                                3. Allegation in the F.I.R is that petitioner along with

                   others on motorcycle snatched mobile phone of the informant.

                                4. Learned counsel for the petitioner submits that

                   the present case relates to snatching of mobile phone from the

                   possession of the informant and the name of the petitioner

                   transpired in the F.I.R itself, however, the same was lodged after

                   a delay of two days which has been stated in the F.I.R. itself that

                   the three persons on motorcycle had concealed their faces with

                   gamchas and in such circumstances, the alleged identification of

                   the petitioner is highly doubtful. The petitioner is in custody
            Patna High Court CR. MISC. No.72747 of 2025(3) dt.10-02-2026
                                                        2/2




                      since 24.05.2025 and undertakes to cooperate in the case/trial.

                      Charge-sheet has been submitted in the case.

                                   5. The application for bail is opposed by learned

                      A.P.P. for the State.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the fact that

                      petitioner has clean antecedent and he is in custody since

                      24.05.2025 and trial has yet not commenced, the petitioner is

                      directed to be enlarged on bail in connection with Baddi P.S.

                      Case no.89 of 2025 of 202 on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Court concerned

                      where the case is pending/successor Court, subject to the further

                      condition that the petitioner would co-operate in the trial and

                      physically present in the trial Court on each and every date till

                      framing of charges and in case the petitioner would absent on

                      two consecutive dates, the learned trial Court would be at liberty

                      to cancel the bail bonds of the petitioner.


                                                (Soni Shrivastava, J)

Harsh/-
U       T


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