Patna High Court
Omprakash Kumar @ Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Omprakash Kumar, was arrested on 4 March 2024 in connection with a case registered under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He sought regular bail for the second time, arguing that no witness had been examined in the trial and that a co‑accused, Vinay Kumar, had been granted bail earlier. The petitioner also contended that the injury reported was simple in nature. The High Court, noting the prolonged custody, lack of witness examination, and the precedent of bail to the co‑accused, allowed the bail application. The court ordered release on a bail bond of Rs. 10,000 with two sureties and imposed conditions of regular attendance at the police station and cooperation with the trial proceedings.
Issues considered
- Whether regular bail should be granted in a case involving attempt to murder and unlawful possession of arms.
- Whether the prolonged pre‑trial custody and lack of witness examination justify bail.
- Whether the bail granted to a co‑accused creates a precedent obliging similar relief.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- Arms Act
- regular bail
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74742 of 2025
Arising Out of PS. Case No.-14 Year-2024 Thana- BHAPTIAHI District- Supaul
======================================================
Omprakash Kumar @ Om Prakash Kumar S/o Baban Ray R/o Village- Ward
No. 15, Vishrampur, Dubauliya, P.S.- Dumariya Ghat, District- East
Champaran (Motihari), Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Preety Kunwar
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Sessions Trial No. 9 of
2025 arising out of Bhaptiahi P.S. Case No. 14 of 2024
registered for the offence under Section 307/34 of the Indian
Penal Code and under Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that
the petitioner is in custody since 04.03.2024 and from the report
of the concerned Court below dated 19.12.2025, it appears that
in the trial, no witness has been examined. He further submits
that similarly situated co-accused namely Vinay Kumar has
been granted bail by a co-ordinate Bench of this Court on
01.12.2025.
Patna High Court CR. MISC. No.74742 of 2025(3) dt.11-02-2026
2/3
4. It is further argued by the learned counsel for the
petitioner that as per the injury report, the injury is caused by
hard and blunt substance and the injury sustained, is simple in
nature.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, 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 Sessions Judge, Supaul/concerned Court below in
connection with Sessions Trial No. 9 of 2025 arising out of
Bhaptiahi P.S. Case No. 14 of 2024.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Dumariya Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
Patna High Court CR. MISC. No.74742 of 2025(3) dt.11-02-2026
3/3
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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