Patna High Court
Umesh Kumar Paswan @ Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioner subject to prescribed conditions.
Summary
The petitioner, Umesh Kumar Paswan, was arrested in connection with a case registered under Sections 317(5), 338 and 336(3) of the Indian Penal Code for allegedly being found in possession of a motorcycle without valid ownership documents. He contended that he was innocent, politically victimised, and had no prior criminal record, having been in custody since 16‑10‑2025. The State opposed bail, arguing that the petitioner was apprehended with the motorcycle. The Court examined the material on record, the petitioner’s clean antecedent and the period of custody, and concluded that there was no risk of evidence tampering or flight. Accordingly, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding attendance in court and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 317(5), 338 and 336(3) of the IPC despite being apprehended with the alleged stolen motorcycle.
- Whether the petitioner poses a risk of fleeing, tampering with evidence or obstructing the trial.
Legislation cited
- Indian Penal Code — s. 317(5), 336(3), 338
Subjects
- bail
- Indian Penal Code
- Section 317
- Section 336
- Section 338
- criminal procedure
- clean antecedent
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90383 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- Nehra District- Darbhanga
======================================================
Umesh Kumar Paswan @ Umesh Kumar S/O Dyanand Paswan R/O Village-
Champaaptti Rajwara, P.S- Nehra, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Binod Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Nehra P.S. Case No. 141 of 2025 registered for the offences
punishable under Sections 317(5), 338, 336(3) of the BNS.
3. As per prosecution case, petitioner is said to
have been apprehended with the motorcycle in question and he
did not produce any valid document regarding the ownership of
the said motorcycle.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the FIR and he has falsely been implicated in the
present case due to dirty local politics. He further submits that
petitioner is in custody since 16.10.2025 and he bears no
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criminal antecedent. Learned counsel orally submits that charge
sheet has been submitted in the case and there is no likelihood
of tampering with the prosecution evidence.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner by submitting that petitioner was
apprehended with the motorcycle in question.
6. Considering the facts and circumstances of the
case, period of custody, keeping in view clean antecedent of
petitioner, argument advanced on behalf of both sides and also
taking into consideration the material available on record, let the
petitioner above named be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate – VI, Darbhanga in connection with
Nehra P.S. Case No. 141 of 2025, subject to following
conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
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cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
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