Allowed¶22

Umesh Sahani v. The State of Bihar

Patna HC10 Apr 2026CR. APP (SJ)/4670/2025

Case brief

AI extract

What is this about?

Patna High Court, Criminal Appeal (SJ) No. 4670 of 2025, decided 10-04-2026 by Rudra Prakash Mishra, J. Regular bail granted in second attempt to Umesh Sahani in Shankarpur P.S. Case No. 158 of 2022 (Madhepura) under Sections 302, 201, 392/34 IPC and Sections 3, 2(v) SC/ST Act. Grounds: custody since 19.09.2022, only 2 of 10 witnesses examined, trial expected to conclude in six months, prolonged incarceration contrary to Article 21. Impugned rejection order dated 26.09.2025 set aside; bail on Rs. 15,000 bond with two sureties and conditions including family bailor and attendance at trial.

What did the court decide?

Appellant to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions; order dated 26.09.2025 set aside. ¶22

Umesh Sahani Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Appellant to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions; order dated 26.09.2025 set aside.

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Issue for consideration

Whether the appellant, already refused bail once and in custody since 19.09.2022, is entitled to regular bail in a case under Sections 302, 201, 392/34 IPC read with Sections 3, 2(v) SC/ST Act, given the slow progress of trial.

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Court's answer

Continued detention of the appellant would serve no purpose other than punitive pre-trial incarceration, which is antithetical to the spirit of Article 21 of the Constitution of India; the appeal is allowed and the order dated 26.09.2025 rejecting bail is set aside.

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Ratio / Principle

The appellant is to be released on bail on furnishing bail bonds of Rs. 15,000/- with two sureties of the like amount each, subject to conditions: one bailor to be a own/close family member; appearance on each and every date of trial; liberty to the Trial Court to cancel bail bonds on default of appearance on two consecutive dates.

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Detailed headnote1 paragraphs

Bail — Criminal Appeal (SJ) under Sections 302, 201, 392/34 IPC read with Sections 3, 2(v) SC/ST Act (Shankarpur P.S. Case No. 158 of 2022, Madhepura) — second attempt for regular bail; earlier prayer dismissed by this Court on 04.12.2024 in Cr. Appeal (SJ) No. 3223 of 2023 — appellant in judicial custody since 19.09.2022 with one criminal antecedent in which he is on bail — compliance report dated 18.02.2026 shows only two of ten charge-sheeted witnesses examined and trial likely to conclude within six months — continued detention would serve no purpose other than punitive pre-trial incarceration, antithetical to Article 21 of the Constitution of India — appeal allowed; order dated 26.09.2025 of the 1st Additional District and Session Judge-cum-Exclusive Special Judge, Madhepura set aside; appellant released on bail on bonds of Rs. 15,000/- with two like sureties, one bailor to be a close family member, appearance on every trial date, and liberty to the Trial Court to cancel bonds on default on two consecutive dates.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4670 of 2025

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Arising Out of PS. Case No.-158 Year-2022 Thana- SHANKARPUR District- Madhepura

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======================================================

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Umesh Sahani Son of Narayan Sahani Resident of Village - Chirhara Ward No. 17, P.S. - Mashrakh, District - Chapra.

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... ... Appellant/s

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Versus

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The State of Bihar

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Bablu Paswan Son of Badri Paswan Resident of Village - Birkhi, Ward no. 25, P.S. - Mashrakh, District - Madhepura.

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Kumar Rajdeep, Advocate For the Respondent/s : Mr. Binay Krishna, SPP For the Respondent No.2: None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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5 10-04-2026 Heard learned senior counsel for the appellant and learned SPP for the State. Learned SPP for the state has informed the Respondent No. 2 of this case but none appears on behalf of the said Respondent.

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The instant appeal has been filed by the appellant against the order dated 26.09.2025 passed by learned 1^st Additional District and Session Judge-cum-Exclusive Special Judge, Madhepura whereby the prayer for bail of the appellant in connection with Shankarpur P.S. Case No. 158 of 2022 under Sections 302, 201, 392/34 of the Indian Penal Code, read with

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Patna High Court CR. APP (SJ) No.4670 of 2025(5) dt.10-04-2026 2/4

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Section 3, 2(v) of SC/ST Act was rejected.

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This is the second attempt of the appellant for bail. The appellant has renewed his prayer for grant of regular bail which was earlier dismissed by this Court vide order dated 04.12.2024 passed in Cr. Appeal (SJ) No. 3223 of 2023 taking into consideration the confessional statement of the appellant which further supported by the post-mortem report.

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In compliance of the order dated 09.02.2026, a report dated 18.02.2026 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that out of ten charge-sheeted witnesses, only two witnesses have been examined in this case. It is further reported that the trial is likely to be concluded within a period of six months.

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Learned counsel for the appellant submits that the appellant is languishing in judicial custody since 19.09.2022 without any rhymes or reason and has got one criminal antecedent in which he is on bail. Learned counsel for the appellant next submits that the continued incarceration of the appellant without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which reiterated by Hon’ble Apex

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Patna High Court CR. APP (SJ) No.4670 of 2025(5) dt.10-04-2026 3/4

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Court in plethora of Judgments.

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Learned SPP for the State has vehemently opposed the prayer for grant of bail to the appellant.

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Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the appellant and taking into account the fact that continued detention of the appellant would serve no purpose other than punitive pretrial incarceration, which is antithetical to the spirit of Article 21 of the Constitution of India, this Court is inclined to allow this appeal. Accordingly, the appeal is allowed and order dated 26.09.2025 passed by learned 1^st Additional District and Session Judge-cum-Exclusive Special Judge, Madhepura is hereby set aside.

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Let the appellant be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shankarpur P.S. Case No. 158 of 2022, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the appellant.

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(II) The appellant shall appear on each and every date fixed at the trial. In case of default in such appearance on two

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Patna High Court CR. APP (SJ) No.4670 of 2025(5) dt.10-04-2026 4/4

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consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the appellant.

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(Rudra Prakash Mishra, J)

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Rajorshi/-