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Patna High Court

Om Prakash @ Om Prakash Kumar @ Bittu @ Om Prakash SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the court found the offence grave and the investigation material sufficient to justify continued custody.

Summary

The petitioner, Om Prakash, was arrested in connection with a kidnapping and murder case (PS Case No.331 of 2024) under Section 363 of the Indian Penal Code. The prosecution alleges that the petitioner kidnapped the victim, killed him, and disposed of the body on a national highway, based on a self‑incriminatory statement. The petitioner contends he is innocent and has been falsely implicated, seeking bail after being in custody since 28‑08‑2025. The State opposed the bail application, emphasizing the seriousness of the offence. The Court, considering the gravity of the crime and the investigative material, dismissed the bail application. Consequently, the petitioner remains in custody.

Issues considered

  • Whether bail should be granted to the petitioner in a kidnapping and murder case under Section 363 IPC.

Legislation cited

Subjects

  • bail
  • kidnapping
  • murder
  • Indian Penal Code
  • Section 363
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.765 of 2026
                    Arising Out of PS. Case No.-331 Year-2020 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Om Prakash @ Om Prakash Kumar @ Bittu @ Om Prakash Singh S/o-
                 Shyamnand Prasad @ Shyamnandan Prasad Vill- Panapur PS- Minapur
                 District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   27-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Motipur P.S. Case No. 331 of 2024, registered for the offence

                   punishable under Sections 363 of I.P.C.

                                3. As per the prosecution case, victim was kidnapped

                   and     killed     by      unknown      persons      subsequently        during

                   investigation, the petitioner was arrested along with co-accused

                   and in their self inculpatory statement, the petitioner kidnapped

                   the victim and killed him and disposed of the body on the

                   national highway.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been
            Patna High Court CR. MISC. No.765 of 2026(6) dt.27-04-2026
                                                        2/2




                      implicated in this case. The petitioner is in custody since

                      28.08.2025.

                                   5. Learned APP appearing for the State opposes the

                      prayer for bail of the petitioner.

                                   6. Considering the gravity of the offence and the

                      materials which have been collected during investigation, this

                      application is dismissed.




                                                                         (Sandeep Kumar, J)

sanjeev/-

U       T


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