Umesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44451 of 2025 Arising Out of PS. Case No.-63 Year-2023 Thana- AWTARNAGAR District- Saran ====================================================== Umesh Rai Son of Ram Lagan Rai Resident of Village- Santha, PS- Awatarnagar, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh, Adv.

For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-12-2025 Heard Mr. Dewendra Narayan Singh, learned counsel appearing for the petitioner and Mr. Mushtaque Alam, learned APP for the State.

2. Petitioner seeks regular bail in connection with Awatarnagar P.S. Case No. 63 of 2023 dated 03.03.2023 registered for the offences punishable under sections 302/34 of the Indian Penal Code.

3. The main submissions advanced by the petitioner's counsel are that on the body of the deceased, only one abrasion was found which does not corroborate the allegations of assault levelled in the FIR as no injury was found on the stomach of the deceased despite specific allegation of assault on the stomach by four accused persons including the petitioner and one co-accused carrying similar nature of allegation, namely, Lalu Rai has already

Patna High Court CR. MISC. No.44451 of 2025(4) dt.17-12-2025 2/2 been granted regular bail by a co-ordinate bench of this Court vide order passed in Cr. Misc. 85965 of 2023, It is further submitted that during relevant period, there was a land dispute in between the informant and the petitioner due to which false story was fabricated after the natural death of the informant's father and the petitioner bear no criminal antecedent and has been languishing in jail since 11.03.2025.

Learned APP appearing for the State has opposed the bail prayer of the petitioner.

Considering the facts and circumstances of this case as well as aforesaid submissions and mainly the custody period of the petitioner and the completion of investigation against him, this Court is inclined to grant the relief of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Awatarnagar P.S. Case No. 63 of 2023.

(Shailendra Singh, J) siddharthkr/- U T