Patna High Court
Om Prakash @ Prakash @ Om Prakash Kumar @ Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed as no fresh ground was shown and the trial had already begun.
Summary
The petitioner, Om Prakash, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 in connection with the murder of a deceased person, following a dispute that led to a group assault. He has been in custody since November 2024 and earlier sought regular bail, which was denied by the Patna High Court on 23 July 2025. The petitioner filed a second bail application, arguing that the trial had commenced and seeking release, but the court found no fresh ground for bail. The court noted that the trial was already underway and the petitioner had not presented any new material to justify bail. Consequently, the bail application was dismissed, and the trial was directed to proceed without further bail relief.
Issues considered
- Whether the petitioner is entitled to regular bail at the stage when the trial has already commenced
- Whether the petitioner has raised any fresh ground sufficient to merit a revision of the earlier bail denial
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 125, 126(2), 190, 191(2), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial commencement
- fresh ground for bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82348 of 2025
Arising Out of PS. Case No.-492 Year-2024 Thana- KONCH District- Gaya
======================================================
Om Prakash @ Prakash @ Om Prakash Kumar @ Prakash Kumar Son of
Ashok Raut @ Bhagyanath Raut @ Ashok Resident Of Village- Konch, P.S.-
Konch, District- Gaya.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Ramakant Singh, Advocate
For the State : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Konch P.S.
Case No.492 of 2024 registered for the offence under sections
191(2), 190, 126(2), 115(2), 109, 125, 352 and 103 of the
B.N.S., 2023.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 23.07.2025 passed in Criminal
Miscellaneous No.19088 of 2025. The aforesaid order dated
23.07.2025 reads as under:-
“Heard learned counsel for the
petitioners; learned counsel for the informant
and learned APP for the State in both the
cases.
2. The petitioners seek bail in
connection with Konch P.S. Case No. 492 of
2024 registered for the offence punishable
under Sections 191(2), 190, 126(2), 115(2),
109, 125 and 352 of the Bharatiya Nyaya
Sanhita.
3. As per the FIR, after a dispute the
Patna High Court CR. MISC. No.82348 of 2025(3) dt.25-02-2026
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deceased was intercepted and assaulted by 10-
15 persons. The petitioner Om Prakash is
named in the FIR. Apart from Om Prakash,
there are other two co-accused are also named
in the FIR. The name of the petitioner namely
Nitish Kumar has come during investigation as
per the evidence of the eye witnesses. The
postmortem report supports the prosecution
case. A number of injuries have been found on
the deceased. The petitioners are in custody
since 21.11.2024.
4. Considering the above, these
applications are dismissed.
5. The Court below is directed to
expedite the trial.
6. Learned counsel for the informant
undertakes to produce the witnesses in the
trial.
7. If the trial is delayed by the
prosecution, the petitioners may renew their
prayer for bail.”
4. Considering the fact that the trial has started,
I am not inclined to review my earlier order dated 23.07.2025.
Further, the learned counsel for the petitioner is not able to show
any fresh ground for grant of bail to the petitioner. Accordingly,
this bail application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
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