Patna High Court
Om Raj Kumar @ Om RajversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115, 126(2), 3(5), 351(2), 352
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
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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
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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
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