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Patna High CourtCR. MISC./32232/2025bail granted

Umesh Kumar @ Umesh Rai v. The State Of Bihar

2025-07-25Mr. Justice Dr. Anshuman5 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15909 of 2025 Arising Out of PS. Case No.-208 Year-2022 Thana- DANAPUR District- Patna ====================================================== Ravishankar @ Ravi Gope S/o Satya Narayan Ray @ Satya Narayan R/o vill - Yadav Gali, Ramji Chak, P.S.- Digha, Distt.- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27605 of 2025 Arising Out of PS. Case No.-208 Year-2022 Thana- DANAPUR District- Patna ====================================================== Umesh Singh @ Umesh Kumar Singh @ Umesh Kumar @ Umesh Kumar Rai S/o Late Ram Lakhan Singh R/o Vill- Rajapur Durga Devi Mandir Ward No-22 P.S.- Budha Colony, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 32232 of 2025 Arising Out of PS. Case No.-208 Year-2022 Thana- DANAPUR District- Patna ====================================================== Umesh Kumar @ Umesh Rai S/o Ram Ishwar Rai Resident of village- Kurji Kothiya, P.S.- Digha, Dist- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 15909 of 2025) For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate

2/5 Mr. Pranav Kumar, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, A.P.P (In CRIMINAL MISCELLANEOUS No. 27605 of 2025) For the Petitioner/s :

Mr. Y.C. Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P (In CRIMINAL MISCELLANEOUS No. 32232 of 2025) For the Petitioner/s :

Mr. Vatsal Verma, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-07-2025 Heard learned Senior counsel for the petitioner and learned A.P.P for the State in all the cases. Re:- Cr. Misc. No. 15909 of 2025 & Cr. Misc. No. 27605 of 2025 It transpires to this Court that progress of the trial has been called for and two progress reports have been received. One progress report is relating to Sessions Trial No.412 of 2024 and the second report is relating to Sessions Trial No.913 of 2022.

2. Learned counsel for the informant who appeared suo-moto submits that Sessions Trial No.287 of 2025 is going on.

3. In this view of the matter, it is hereby directed to the Additional Sessions Judge-V, Danapur where the case is pending, to submit a report in detail that how many accused persons are there in connection with Danapur P.S. Case No.208 of 2022 and how many criminal trials have arisen from the said

3/5 Danapur P.S. Case No.208 of 2022 and which sessions trial is relating to which accused person as well as the progress of those trial within two weeks.

4. Put up these cases on 22.08.2025.

5. Registry is hereby directed to de-tagged the present Cr. Misc. No. 15909 of 2025 & Cr. Misc. No. 27605 of 2025 from Cr. Misc. No. 32232 of 2025, and the same be listed accordingly.

Re:- Cr. Misc. No.32232 of 2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in connection with Danapur P.S. Case No. 208 of 2022 lodged on 28.03.2022, for the offence punishable under Sections 302, 34 & 120(B) of the Indian Penal Code read with section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 31.08.2024 passed in Cr. Misc. No. 34316 of 2024 and the Trial Court was directed to expedite the trial as early as possible. Counsel submits that a supplementary affidavit has been filed in this case in which it has been categorically indicated that the health of the petitioner is deteriorating

4/5 continuously during his judicial custody which is a serious threat towards his life. Counsel submits that an application was filed by the petitioner before the Lower Court on 09.05.2025 seeking urgent medical attention upon which the Lower Court after considering the said application directing the Jail Superintendent to look into the medical condition of the petitioner and ensure appropriate medical care. Counsel further submits that the petitioner was earlier also been admitted in Kendriya Kara Hospital, Beur and was referred to Indira Gandhi Institute of Cardiology on 09.07.2024. The entire medical report is annexed as Annexure-P/5.

4. Upon perusal of Annexure-P/5, it transpires to this Court that abrupt change of blood sugar is there. It is due to this reason on medical ground, let the petitioner namely, Umesh Kumar @ Umesh Rai is directed to be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Additional Chief Judicial Magistrate-I, Danapur, Patna in connection with Danapur P.S. Case No. 208 of 2022, subject to the conditions as laid down U/s 480(3) of the B.N.S.S., 2023 with further condition that the petitioner shall appear on each and every date before the Trial Court and failure

5/5 to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself. (Dr. Anshuman, J) Divyansh/- U T