Umesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36559 of 2026 Arising Out of PS. Case No.-443 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== Umesh Ray Son of Jitnarayan Ray @ Jeetan Ray Resident of Village - Maricha, Police Station - Tajpur (Halai O.P.), Post - Halai, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-07-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Tajpur (Halai) P.S. Case No. 443 of 2023, lodged on 05/08/2023, under Sections 302 and 201 of IPC, pending in the Court of learned CJM, Samastipur.

3. As per the prosecution, FIR has been lodged against unknown for murder of the victim.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.36559 of 2026(3) dt.28-07-2026 2/3 submits that the petitioner is in custody since 21/07/2025 having clean antecedent. Counsel submits that during investigation the motorcycle of the petitioner was recovered from the place of occurrence. Counsel also submits that the location of the mobile of the petitioner was near the place of occurrence and he was in constant touched with the co-accused. Counsel submits that the deceased was in physical relation with one Sikandar Rai, who is said to be the co-accused. He has been granted bail by the Coordinate Bench of this Court vide order dated 18/04/2024 passed in Cr. Misc No. 9585 of 2024. Counsel also submits that the other co-accused persons, whose name figured during investigation have also been granted bail vide order dated 06.09.2024 passed in Cr. Misc No. 65499 of 2024 and vide order dated 28.02.2025 passed in Cr. Misc. No. 13502 of 2025. Counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that victim was in relation with Sikander Rai and he has been granted bail.

6. Considering the fact that on the confessional statement of Sikander Rai the petitioner's name has come and Sikander Rai has been granted bail, let the petitioner, above

Patna High Court CR. MISC. No.36559 of 2026(3) dt.28-07-2026 3/3 named, be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned CJM, Samastipur in connection with Tajpur (Halai) P.S. Case No. 443 of 2023 subject to the conditions as laid down U/s 480(3) of the BNSS, 2023.

(Dr. Anshuman, J) Mkr./Anshuman/ U T