Created by Fuzzy Cloud

Patna High Court

Om Raj Kumar @ Om RajversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Om Raj Kumar, sought anticipatory bail fearing arrest in a case alleging he fired at an informant's son and nephew during a yagya, causing injuries. The prosecution alleged that the petitioner, armed with weapons, intended to kill and cited sections of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended he was falsely implicated, highlighted the delay in filing the FIR, the absence of recovered cartridges, and argued the injuries were not caused by gunshot. He also pointed out that a co‑accused, Prashant Kumar, had been granted anticipatory bail in a similar matter. The State opposed the bail, but the court, after considering the facts and submissions, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S. 2023. The order effectively granted anticipatory bail to the petitioner.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR delay
  • Arms Act
  • Section 482(2)
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87538 of 2025
                      Arising Out of PS. Case No.-57 Year-2025 Thana- PACHMAHLA District- Patna
                 ======================================================
                 Om Raj Kumar @ Om Raj S/o Ravindra Kumar Singh @ Ravindra Singh @
                 Murgi Singh, R/o Vill- Barahiya, P.S.- Barahiya, Dist- Lakhisarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arun Bharti, Advocate.
                 For the Opposite Party/s :      Mr. Rajendra Singh Shastri, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Pachmahala P.S. Case No.57 of 2025 instituted under

                   Sections 126(2), 115, 109(1), 352, 351(2) & 3(5) of the B.N.S.,

                   2023 and Section 27 of the Arms Act.

                                3. As per the prosecution case, on 14.07.2025, the

                   petitioner alongwith other accused persons armed with weapons,

                   arrived at the place where the yagya was being performed. It is

                   alleged that the accused persons including the petitioner abused

                   the son and nephew of informant and fired upon them with

                   intention to kill. It is further alleged that the son of informant

                   has sustained an injury on his hand and his nephew sustained an

                   injury below his right eye.
Patna High Court CR. MISC. No.87538 of 2025(2) dt.12-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has been falsely implicated in this

          case due to some petty dispute between the parties. He further

          submits that there is delay in filing the F.I.R. without any

          plausible and reasonable explanation. Learned counsel submits

          that there is no recovery of any cartridge from the place of

          occurrence and the injury sustained by the victim is simple in

          nature and from the injury report it appears that the allegation of

          injury sustained from gun shot has been ruled out. He further

          submits that no incriminating article has been recovered from

          the conscious possession of petitioner. Learned counsel submits

          that petitioner has one criminal antecedent, in which he is on

          bail and he undertakes to cooperate in the investigation and trial

          of the case. He further submits that similarly situated co-

          accused, namely, Prashant Kumar has been granted anticipatory

          bail by the Co-ordinate Bench of this Court vide order dated

          28.11.2025 passed in Cr. Misc. No.79261 of 2025.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event

          of arrest or surrender before the Court below within six weeks
              Patna High Court CR. MISC. No.87538 of 2025(2) dt.12-01-2026
                                                          3/3




                        from today, the petitioner be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount to each to the satisfaction of the

                        learned Additional Chief Judicial Magistrate-III, Barh in

                        connection with Pachmahala P.S. Case No.57 of 2025, subject to

                        the conditions laid down in Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.