Patna High Court
Umesh Ram @ Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Narcotic Substances Act, 2023 — s. 3, 5
- Indian Penal Code — s. 126(2), 127(2), 309(4), 351(2)
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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