Umesh Singh @ Umesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3598 of 2025 Arising Out of PS. Case No.-296 Year-2024 Thana- CHENARI District- Rohtas ====================================================== Umesh Singh @ Umesh Kumar Singh S/O Hardeo Singh R/O VillageNewras, P.S- Kudra , Dist.- Kaimur ( Bhabua). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Adv For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Chennari P.S Case No. 296 of 2024 registered for the offences punishable under Sections 126(2), 109(1) and 61(2) of B.N.S. and Section 27 of the Arms Act.
3. As per allegation in the FIR, two unknown persons came on motorcycle and one of the them fired from a country made katta which hits on the right side of the chest of the informant. The informant was then taken to the Primary health Center, Chenari, and thereafter, for better treatment, he was referred to the Sadar Hospital Sasaram. The FIR states that due to earlier dispute between the informant and his cousin brothers
Patna High Court CR. MISC. No.3598 of 2025(5) dt.12-05-2025 2/3 namely Mahendra Singh and Umesh Singh (present petitioner), the said two cousins were instrumental in attack on the informant with an intention to kill him.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to long drawn dispute between the two families from which initially the petitioner and his father had lodged criminal cases against the informant and others and there is a title suit pending between parties. Though in the confessional statement of one co-accused Badelal Ram @ Rakesh Kumar, it has come that it was the petitioner and his brother who were instrumental in hiring the criminals who then tried to kill the informant, however, the said Badelal Ram @ Rakesh Kumar has already been granted bail by the learned court below. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner.
He further submits that the Nokia Mobile phone which is used in the alleged crim bearing IMEI No. 354490098992830/32 was recovered from on Md. Naiyar It is lastly submitted that though the petitioner has two criminal antecedent and he is in custody since 23.11.2024. He further submits that other co-accused has been granted bail vide order dated 08.05.2025 in Cr. Misc. No. 19477 of 2025.
Patna High Court CR. MISC. No.3598 of 2025(5) dt.12-05-2025 3/3
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 11.12.2024 and entire Case Diary, it appears one firearm injury has been found of the body of the informant but nothing has been recovered from the conscious possession of the petitioner and during the course of investigation nothing has been collected to support the confessional statement of the coaccused and also considering the fact that one of the co-accused has been granted bail by co-ordinate Bench of this Court, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-VIIcum ACJM Sasaram, District-Rohtas in connection with Chennari P.S Case No. 296 of 2024.
(Ramesh Chand Malviya, J) Sunnykr/- U