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Patna High Court

Omprakash Kumar @ Om Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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