Umesh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4797 of 2024 Arising Out of PS. Case No.-255 Year-2023 Thana- SHEOHAR District- Sheohar ====================================================== Umesh Bhagat Son of Ram Pratap Bhagat R/o vill - Parsouni Baiz, P.S. - Piprahi, Distt. - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Girish Chandra Jha, Adv.
For the Opposite Party/s :
Mr.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Sheohar P.S. Case No. 255 of 2023 instituted for the offences under Sections 365, 302, 201 of the Indian Penal Code.
3. As per prosecution case, the allegation against the petitioner is of committing murder of his wife/mother of the Informant and disappeared her dead body.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case only on mere suspicion. The petitioner is the husband of the victim lady/deceased. There is no eye-witness to the occurrence.
Patna High Court CR. MISC. No.4797 of 2024(3) dt.08-04-2024 2/3 The petitioner has two criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 12.10.2023. Charge-sheet has been submitted in this case but, the charge has not been framed as yet.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that the petitioner is the named accused in the F.I.R. The victim is still trace-less. The petitioner has also confessed his guilt of committing murder of his wife and throwing the dead body in the Bagmati river and, on his disclosures, the bamboo stick/lathi has also been recovered. The witnesses have also supported the prosecution case. Charge-sheet has been submitted in this case under Section 365 of the I.P.C. The allegation made against the petitioner is serious in nature and, thus, the petitioner does not deserve bail.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the fact that the Charge-sheet has been submitted in this case under Section 365 of the I.P.C., pending further investigation, let the petitioner, abovenamed, be released on
Patna High Court CR. MISC. No.4797 of 2024(3) dt.08-04-2024 3/3 bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheohar P.S. Case No. 255 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T