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Patna High Court

Umesh Kumar Paswan @ Umesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.90383 of 2025(2) dt.13-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.90383 of 2025(2) dt.13-01-2026
                                                         3/3




                       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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