Patna High Court
Om Prakash Kumar @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions specified by the court.
Summary
Om Prakash Kumar, who is in custody, applied for bail in a case involving alleged offences under Sections 318(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 20(b)(ii)(B) of the NDPS Act, 1985. The prosecution alleged that 950 g of charas was recovered from a vehicle and three co‑accused were arrested, while the petitioner was not named in the FIR but was linked only through a phone call with a co‑accused. The petitioner argued that there was no overt act against him and highlighted his four prior criminal cases, for which he is already on bail. The State opposed bail. The court, after considering the submissions, granted bail on a Rs 10,000 bond with two sureties and imposed several conditions, including personal appearance, reporting to the Superintendent of Police, and possible cancellation for future offences or concealment of antecedents. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and is linked only by telephone communication with a co‑accused.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Applicability of the bail provisions under the Bharatiya Nyaya Sanhita, 2023 and the NDPS Act, 1985 to the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(2), 61(2)
- Narcotic Drugs and Psychotropic Substances Act, 1985 — s. 20(b)(ii)(B), 8
Subjects
- bail
- criminal procedure
- suspicion
- NDPS Act
- Bharatiya Nyaya Sanhita
- antecedent
- bail conditions
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83830 of 2025
Arising Out of PS. Case No.-19 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Om Prakash Kumar @ Raja Kumar Son of Bharat Prasad R/o Village -
Baswariya, P.S. - Bettah Town, Dist - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
Mr. Rajeev Ranjan, Advocate
Mr. Abhinav Anand, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Bettiah Town P.S. Case No. 19 of 2025
registered for the offences punishable under Sections 318(2),
61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and
20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances
Act, 1985.
3. As per the prosecution case, a recovery of 950 gm
of Charas was made from the boot space of Tata Punch Car and
three persons, namely, Md. Azam, Arin Abbas @ Akib Abbas
and Farhan Alam were arrested and they disclosed the name of
the fourth person to be Pradeep Prasad @ Pradip Srivastava,
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who had fled away.
4. Learned counsel for the petitioner submits that he is
not named in the FIR and during course of investigation, from
the CDR of one co-accused, the name of the petitioner has
surfaced, though there has been no allegation of any overt act
against the petitioner. It has been submitted that it was merely
on suspicion that the petitioner had talked on phone with one of
the co-accused, namely, Mohd. Kesar that he has been
implicated in this case, however, he has no concern whatsoever
with the said incident. It has, though, been submitted that the
petitioner has four criminal antecedents against his name and he
is on bail in all the said cases. He is in custody since 12.10.2025
in the present case. It has been submitted that co-accused
person, namely, Pradeep Prasad @ Pradip Srivastava has been
enlarged on bail by a learned Co-ordinate Bench of this Hon’ble
Court in Cr. Misc. No. 70110 of 2025 vide order dated
17.12.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
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sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Bettiah Town P.S. Case No. 19 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before
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the Superintendent of Police, Bettiah, West
Champaran within fifteen days of his release with a
copy of this order and every two weeks thereafter
for the next nine months. The conduct of the
petitioner will be kept under watch in this period by
the Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be
made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons of
misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed
by the petitioner before the court concerned, order
shall not be delayed for purpose of or in the name
of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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