Umesh Sah @ Babu Saheb Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39980 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- HASANPUR District- Samastipur ====================================================== 1.

Umesh Sah @ Babu Saheb Sah S/o Lalo Sah Resident of Village- Atapur Navtoliya, Ward no. 08, PS- Hasanpur, District- Samstipur (Bihar) 2.

Rambabu Sah S/o Lalo Sah Resident of Village- Atapur Navtoliya, Ward no. 08, PS- Hasanpur, District- Samstipur (Bihar) 3.

Chhotu Sah S/o Lalo Sah Resident of Village- Atapur Navtoliya, Ward no. 08, PS- Hasanpur, District- Samstipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jyoti Prasad, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Hasanpur P.S. Case No. 45 of 2024 instituted for the offences under Sections 143, 307, 302, 506 of the Indian Penal Code.

3. As per allegation, 12 named accused persons including 5-6 unknown persons, variously armed with lethal weapons encircled the house of the informant and started assaulting her husband, as a result of which, he sustained injuries and fell on the ground. The husband of the informant rushed to the hospital in a precarious condition where he was

Patna High Court CR. MISC. No.39980 of 2025(2) dt.26-06-2025 2/3 declared dead.

4. Learned counsel for the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that although there is allegation of causing assault by six persons but as per injury report, only one injury has been found on the body of the deceased. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.01.2025 and no criminal antecedent. The co-accused person has already been granted bail by this Court vide order dated 29.01.2025 passed in Cr. Misc. No. 66033 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.39980 of 2025(2) dt.26-06-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Hasanpur P.S. Case No. 45 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T