Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10206 of 2026 Arising Out of PS. Case No.-299 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Umesh Kumar S/o Makkhan Mahto Resident of Village- Panapur saraia tola, P.s.- Harsiddhi, District- East Champaran Motihari Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-04-2026 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 413 and 414 of the Indian Penal Code read with Sections 25(1-b)a/26/35 of the Arms Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is in custody since 412-2025 and allegation is of recovery of a live cartridge from possession of Md. Sahabuddin, it is also alleged accused persons were planning to commit dacoity.

4.

Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and he came to be implicated based on confessional statement of apprehended-accused

Patna High Court CR. MISC. No.10206 of 2026(2) dt.24-04-2026 2/2 in police custody which does not have any evidentiary value. It is next submitted that Md. Sahabuddin, from whose possession live cartridge was recovered, had approached this Court seeking regular bail by filing Cr. Misc No. 61310 of 2023 and the same came to be allowed by an order dated 19-12-2023 by a learned Co-ordinate Bench. It is also submitted that if privilege of regular bail is granted to the petitioner, the petitioner will not abscond rather will co-operate in the trial to prove his innocence. It is next submitted that chargesheet has been submitted. 5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, 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 the learned trial court where the case is pending/successor court in connection with Harsidhi P.S. Case No. 299 of 2023 .

7.

One of the bailors of the petitioner shall be his father, Makkhan Mahto.

(Satyavrat Verma, J) Sumit/- U T