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Patna High Court

Om Prakash @ Om Prakash Kumar @ BittuversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court held that regular bail could not be granted to the petitioner.

Summary

The petitioner Om Prakash was arrested in connection with a shooting incident that occurred on 14 September 2019, for which charges under Sections 307 and 34 of the IPC and Section 27 of the Arms Act were filed. He argued that his name does not appear in the FIR and that it only emerged from a co‑accused’s confessional statement, and that no identification parade had been conducted. The State contended that the confessional statement is sufficient to implicate him, highlighted his eight prior convictions, and opposed bail. The Patna High Court, after considering the gravity of the alleged offences and the petitioner’s criminal history, rejected the regular bail application. The Court also directed the trial court to complete the trial within one year of the order.

Issues considered

  • Whether the petitioner is entitled to regular bail despite not being named in the FIR but being identified through a co‑accused’s confessional statement.
  • Whether the absence of a test identification parade affects the bail decision.
  • Whether the petitioner’s habitual offender status and prior convictions justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • IPC 307
  • IPC 34
  • Arms Act 27
  • habitual offender
  • identification parade
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7526 of 2026
                      Arising Out of PS. Case No.-254 Year-2019 Thana- KARJA District- Muzaffarpur
                 ======================================================
                 Om Prakash @ Om Prakash Kumar @ Bittu S/o Shyamnand Prasad @
                 Shyamnandan Prasad R/o Vill- Panapur, P.S.- Minapur, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Karja P. S. Case No. 254 of 2019 registered for the offences

                   punishable under Sections 307/34 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                3. The informant alleged that on 14.09.2019 at 21

                   hours, Bhabhi of Ritik Kumar died in an accident and after

                   postmortem, the dead body was being carried from ambulance

                   to village Gaurigava. Informant was riding the bike and Ritik

                   Kumar sat behind. As soon as the ambulance crossed Karja P.S.

                   near UP Dhava, three boys came on Scooty and told them to

                   stop the bike. when the informant did not stop the bike, then one

                   person on the Scooty fired at him, which hit the informant.
              Patna High Court CR. MISC. No.7526 of 2026(2) dt.16-02-2026
                                                          2/2




                        Thereafter the accused persons fled away. The informant was

                        taken to hospital for treatment.

                                     4. Learned counsel for the petitioner submits that

                        petitioner is not named in the F.I.R. and his name transpired

                        during investigation in confessional statement of co-accused.

                        Till date, Test Identification Parade has not been held and

                        petitioner is in custody since 28.08.2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner is named in

                        confessional statement of co-accused. Petitioner is a habitual

                        offender has got eight criminal antecedents.

                                     6. Considering the nature of accusation and gravity of

                        the offence, prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        28.08.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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