Patna High Court
Om Prakash @ Om Prakash Kumar @ Bittu @ Om Prakash SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 363
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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