Patna High Court
Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Om Prakash Singh, sought regular bail in a case involving alleged conspiracy, extortion, and attempts to murder under IPC sections 120(b), 385, 387 and 307, as well as violations of the Arms Act. The prosecution alleged that a group of five men opened fire on a bus, injuring the driver, and that a ransom of Rs.2,00,000 was demanded. The petitioner argued that the FIR only mentioned him in the later part, the allegations against him were vague, and that a co‑accused in a similar case had been granted bail, emphasizing his clean antecedents. The State opposed the bail, contending the seriousness of the offences. The court, considering the minimal involvement attributed to the petitioner, the general nature of the accusations, and the precedent of bail to a co‑accused, ordered his release on bail with a bond and sureties, subject to cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the general and omnibus nature of the allegations against the petitioner justifies bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Indian Penal Code — s. 120(b), 307, 385, 387
Subjects
- regular bail
- conspiracy
- extortion
- attempt to murder
- Arms Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15156 of 2026
Arising Out of PS. Case No.-34 Year-2022 Thana- TAJPUR District- Samastipur
======================================================
Om Prakash Singh Son of Late Shiv Narayan Singh Resident of Village-
Mirzapur, P.S.- Vidhyapati Nagar, District- Samastipur, Presently Residing at
Mohalla- Adarsh Nagar, P.S.- Muffasil, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 120 (b),
385, 387 and 307 of the Indian Penal Code and Section 25 (1-
B) (a), 26 27 and 35 of the Arms Act.
3. The case of the prosecution, in brief, is that while
the informant’s bus was passing near Motipur Bus Stand,
suddenly five persons arrived on two motorcycles and opened
fire upon the driver and co-driver. It is alleged that driver
sustained three bullets injuries and he was treated at Sadar
Hospital, Samastipur. It is further alleged that a few days prior
to the occurrence, a scuffle had taken place between the
Patna High Court CR. MISC. No.15156 of 2026(2) dt.25-02-2026
2/3
informant and certain drivers and staff members of Mahadev
Rath. The prosecution also alleges that a ransom of Rs.
2,00,000/- was demanded from the informant to be paid to the
owner of the bus, Mahadevbrath. Additionally, there were
rumours that miscreants had been hired to eliminate the
informant.
4. Learned counsel for the petitioner submits that,
from a perusal of the F.I.R., it appears that the dispute is
essentially between two bus owners. It is further submitted that
the name of the present petitioner finds mention only in the
latter part of the F.I.R., and the allegations against him are
general and omnibus in nature. It has also been submitted that a
similarly situated co-accused, Rajeet Kumar Rai, has been
granted bail by a learned Co-ordinate Bench of this Court vide
order dated 16.01.2023 passed in Cr. Misc. No. 33236 of 2022.
The case of the present petitioner stands on similar footing, and
he has clean antecedents.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.15156 of 2026(2) dt.25-02-2026
3/3
bail in connection with Tajpur P.S. Case No. 34 of 2022 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate-1st Samastipur, subject to
the condition that the petitioner shall co-operate in the trial.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…