Patna High Court

Om Prakash SinghversusThe State of Bihar

Decided: 16 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, Om Prakash Singh.

Summary

The petitioner, Om Prakash Singh, was arrested in connection with a case alleging that he, along with co‑accused, entered an informant's house, assaulted persons and looted ornaments worth Rs. 40,000. He contended that the allegations were fabricated, that he did not inflict any injuries, and that only the co‑accused were responsible for the violent acts. The learned counsel highlighted that other co‑accused had already been granted bail, and there was no specific charge of assault against the petitioner. The opposing counsel argued that the accused had committed murder and grievous injuries. Considering the lack of direct allegation of assault against the petitioner and the bail granted to co‑accused, the Court allowed the petition for regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the BNS Act.
Whether the absence of a specific allegation of assault against the petitioner warrants granting bail.

Subjects

regular bail
bail
criminal procedure
serious offences
looting
assault
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8726 of 2026
                     Arising Out of PS. Case No.-172 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
                 Om Prakash Singh Son of Late Janardan Singh Resident of village- Chanp
                 Tola (chanp tole) Teghara, Ps- Pachrukhi (Panchrukhi Sarai) dist- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ratneshwar Prasad
                 For the Opposite Party/s :      Mrs.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   16-02-2026                          Heard the learned counsel for the parties.

                                      2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 126(2),

                   115(2), 118(1), 109, 324(3), 303(2), 74, 352, 351(2), 3(5) and

                   Section 103 of the BNS (subsequently added), registered in

                   connection with Panchrukhi (Sarai) P.S.Case No. 172/2025.

                                3. As per allegation, the petitioner along with other

                   co-accused persons, armed with weapons, barged into the house

                   of the informant and started assaulting the informant and other

                   inmates. In the process, the petitioner also looted ornament

                   worth Rs. 40,000/-.

                                4. The learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.8726 of 2026(2) dt.16-02-2026
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          that the entire allegation is false and fabricated. He did not

          inflict injury to the injured(s) or the deceased. The allegation of

          infliction of injuries are against other co-accused persons. It is

          also submitted that co-accused Chhatu Kumar @ Chhatu Sah,

          Chhotu Kumar and Rajesh Singh have been granted bail by the

          coordinate Benches of this Court. The allegation against the

          petitioner is of taking away ornament from the house of the

          informant. He is in custody since 29.10.2025.

                       5. On the other hand, the learned counsel for the

          informant has opposed the prayer for bail by submitting that the

          accused persons committed murder of one person and badly

          injured other persons.

                       6. The other co-accused persons have been granted

          bail by the coordinate Benches of this Court. The case of the

          petitioner is on better footing to that of Rajesh Singh, because

          there is no allegation against the petitioner of assailing anybody.

                       7. Considering the above facts and circumstances, let

          the petitioner, above-named, be released on bail on furnishing

          bail bond of Rs. 10,000/-(ten thousand) with two sureties of the

          like amount each to the satisfaction of learned ACJM-IX,

          Siwan in connection with Panchrukhi(Sarai) P.S.Case No.

          172/2025,       subject to the condition that the petitioner shall
           Patna High Court CR. MISC. No.8726 of 2026(2) dt.16-02-2026
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                     cooperate in the disposal of trial and make himself available as

                     and when required by the court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T

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