Patna High Court
Om Prakash Kumar @ Prakash @ Om Prakash Mahto @ Prakash MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted and dismissed the petitioner's bail application.
Summary
The petitioner, Om Prakash Kumar, was charged under sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act for a serious offence. He had earlier applied for regular bail, which was rejected on 14‑05‑2025 because he had given a self‑inculpatory statement, possessed two prior criminal antecedents and had been in custody since 21‑01‑2025. The present application was the second attempt for bail after the charges had been framed and the trial had commenced. The court found no fresh ground to justify bail, noting the gravity of the offence and the existence of a trial. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure the presence of witnesses in the trial.
Issues considered
- Whether regular bail can be granted to an accused after charges have been framed and the trial has started, given a self‑inculpatory statement and prior convictions.
- Whether the petitioner has shown any fresh ground warranting the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- bail application
- charges framed
- trial commenced
- self‑inculpatory statement
- prior convictions
- Arms Act
- Bhartiya Nyaya Sanhita
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62783 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Om Prakash Kumar @ Prakash @ Om Prakash Mahto @ Prakash Mahto S/o-
Kamta Prasad Village- Ibrahim Nagar Ps- Ara Nagar Dist- Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Akash Kumar Mishra, Advocate
For the State : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Koilwar
P.S. Case No.22 of 2025 registered for the offence under
sections 103(1) and 3(5) of the B.N.S., 2023 and under section
27 of the Arms Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 14.05.2025 passed in Criminal
Miscellaneous No.23362 of 2025. The aforesaid order dated
14.05.2025 reads as under:-
“Heard learned counsel for
the petitioner and learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail in
Patna High Court CR. MISC. No.62783 of 2025(3) dt.10-02-2026
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connection with Koilwar P.S. Case
No.22 of 2025 registered for the
offence punishable under Sections
103(1), 3(5) of the Bhartiya Nyaya
Sanhita and 27 of Arms Act.
3. Unknown criminals are
said to have killed the deceased.
Petitioner has accepted the guilt in
self inculpatory statement.
4. The petitioner has two
criminal antecedents and he is in jail
since 21.01.2025.
5. Considering the gravity of
offence, I am not inclined to extend
the privilege of regular bail to the
petitioner.
6. Accordingly, this
application stands dismissed.”
4. From the report of the trial Judge, it appears
that the charges have been framed in the case.
5. Considering the fact that the charges have
been framed in the case and the trial has started, I am not
inclined to review my earlier order dated 14.05.2025. Further,
the learned counsel for the petitioner is not able to show any
fresh ground for grant of bail to the petitioner. Accordingly, this
bail application is dismissed.
6. The Superintendent of Police, Bhojpur is
directed to ensure the presence of witnesses in the trial.
Patna High Court CR. MISC. No.62783 of 2025(3) dt.10-02-2026
3/3
7. Let a copy of this order be communicated to
the Superintendent of Police, Bhojpur forthwith through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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