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Patna High Court

Om Kumar @ Om Kumar Singh @ Om Kunvar @ Om SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Om Kumar, was implicated in a FIR for offences under the Bhartiya Nyay Sanhita and the Arms Act based solely on a confessional statement of a co-accused. He argued that he was not originally named in the FIR, no material was recovered from his possession, and similarly situated co-accused had been granted anticipatory bail. The prosecution opposed bail, citing three prior criminal antecedents. The High Court considered the lack of direct evidence against the petitioner, the precedent of bail to co-accused, and the statutory provisions governing anticipatory bail. It held that bail could be granted subject to strict conditions, including cooperation with the trial and verification of antecedents. Consequently, the court ordered the petitioner’s release on anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted when the petitioner is implicated solely on a co-accused's confessional statement.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
  • Whether the statutory provisions of Section 438 CrPC and Section 482 BNS empower the court to grant bail in the present circumstances.
  • Whether the petitioner should be treated similarly to co-accused who were previously granted anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • criminal antecedent
  • Arms Act
  • Bhartiya Nyay Sanhita
  • Section 438 CrPC
  • Section 482 BNS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30041 of 2026
                     Arising Out of PS. Case No.-75 Year-2025 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Om Kumar @ Om Kumar Singh @ Om Kunvar @ Om Singh Son of Neeraj
                 Kumar Singh @ Pankaj Kunvar Resident of Village Tara, P.S.-
                 Mohiuddinagar, District - Samastipur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Madhubala Verma, Advocate
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   02-07-2026                      Heard Ms. Madhubala Verma, learned counsel for

                   the petitioner and         Mr. Chandra Sen Prasad Singh, learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Mohiuddinagar P.S. Case No. 75 of 2025, F.I.R.

                   dated 27.04.2025 for the offences punishable under Sections

                   310(4), 310(5), 310(6), 317(3), 317(5) of the Bhartiya Nyay

                   Sanhita, 2023 and 25(1-b)a, 26, 35 of Arms Act.

                               3. Allegation against the petitioner is that he along

                   with other co-accused persons had assembled at co-accused

                   Durgesh Kumar’s Bathan for commission of offence but when

                   police party raided the place they managed to flee from the spot

                   and their names were disclosed by the apprehended co-accused
Patna High Court CR. MISC. No.30041 of 2026(2) dt.02-07-2026
                                            2/4




          persons. Firearms and other incriminating articles were

          recovered from possession of apprehended co-accused persons.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Initially the petitioner was not named in the FIR

          and his name transpired during investigation on the basis of

          confessional statement of apprehended co-accused, namely,

          Durgesh Kumar and except the aforesaid, no other cogent

          material has come during investigation against the petitioner to

          suggest the involvement of the petitioner in the present

          occurrence and firearms and other articles have been recovered

          from possession of the said Durgesh Kumar and petitioner has

          no role at all in the present occurrence. He next submits that

          similarly situated co-accused person, namely, Vikash Kumar @

          Vikas Kumar has been granted the privilege of anticipatory bail

          by this Court vide order dated 08.09.2025 in Cr. Misc. No.

          60668 of 2025 and other co-accused person, namely, Kaushal

          Chaudhary @ Anurudh Kumar @ Kasushal Chaudhari has also

          been granted the privilege of anticipatory bail by a co-ordinate

          Bench of this Court vide order dated 27.08.2025 in Cr. Misc.

          No. 57876 of 2025.

                      5. The learned Additional Public Prosecutor has
Patna High Court CR. MISC. No.30041 of 2026(2) dt.02-07-2026
                                            3/4




          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries three criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in two cases and one case is pending for consideration before

          competent Court of law.

                       6. Considering the aforesaid facts and circumstances

          and the fact that initially the petitioner was not named in the FIR

          and his name transpired during investigation on the basis of

          confessional statement of apprehended co-accused and similarly

          situated co-accused persons have been granted the privilege of

          anticipatory bail by this Court/Co-ordiante Bench of this Court

          and nothing has been recovered from the conscious possession

          of the petitioner, let the petitioner, above named, in the event of

          arrest or surrender before the court below within a period of

          thirty days from the date of receipt of the order, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned S.D.J.M, Sahapur Patory, Samastipur in connection

          with Mohiuddinagar P.S. Case No. 75 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
            Patna High Court CR. MISC. No.30041 of 2026(2) dt.02-07-2026
                                                        4/4




                      Suraksha Sanhita and with other following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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