Patna High Court
Omprakash Kumar @ Omprakash PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioners subject to the stipulated bond and conditions.
Summary
The petitioners, Omprakash Kumar, Devnath, and Ramchandra Kumar, sought bail fearing arrest in a case (PS Bettiah Town Case No. 60 of 2025) involving alleged assault under Sections 126(2), 115(2), 118(1), 109 and 352 of the Bharatiya Nyay Sanhita, 2023. The prosecution alleged that the petitioners, along with co‑accused, assaulted an informant and others who tried to rescue her. The petitioners contended they have a clean antecedent, were falsely implicated due to a petty dispute, and the injuries were minor. The court noted the clean antecedent, the existence of a case‑and‑counter‑case, and the simple nature of injuries, and therefore granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita. The bail order required the petitioners to cooperate with the trial, appear in court, and not tamper with evidence, with provisions for cancellation if conditions are breached.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of offences under the Bharatiya Nyay Sanhita, 2023.
- Whether the petitioners' clean antecedent and the minor nature of injuries justify bail.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita are appropriate.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- assault
- criminal antecedent
- case and counter case
- Bharatiya Nyay Sanhita
- CrPC
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88960 of 2025
Arising Out of PS. Case No.-60 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
1. Omprakash Kumar @ Omprakash Patel S/o- Late Satan Mukhiya R/v- Durga
Nagar W.No-26, Ps- Bettiah Town Dist- West Champaran
2. Devnath @ Devnath Mukhiya @ Devnadh Mukhiya S/o- Chandeshwar SAhani @
Chandeshawar Mukhiya R/v- Durga Nagar W.No-26, Ps- Bettiah Town Dist- West
Champaran
3. Ramchandra Kumar @ Ramchandra Mukhiya @ Ramchadra Kumar Mukhiya S/o-
Chandeshwar Sahani @ Chandeshawar Mukhiya R/v- Durga Nagar W.No-26, Ps-
Bettiah Town Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Brij Kishor Mishra, learned counsel for
the petitioners and Mr. Bharat Lal, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Bettiah Town P.S. Case No. 60 of 2025, F.I.R.
dated 12.02.2025 for the offences punishable under Sections
126(2), 115(2), 118(1), 109, 352 of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, the informant
alleged that when she was sitting at her door, in the meantime,
the petitioners along with other co-accused persons came and
assaulted her. On protest, when other people came to rescue her,
the accused persons assaulted them also.
Patna High Court CR. MISC. No.88960 of 2025(2) dt.12-01-2026
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4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. It appears from the FIR that due
to some petty dispute the present occurrence has taken place and
there is case and counter case between the parties. Although
there is specific allegation against the petitioners that they have
assaulted the informant and her son but the injury report of the
injured persons suggest that injury inflicted upon them is simple
in nature caused by hard and blunt substance.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent and there is case and counter
case between the parties and injury inflicted upon the injured
persons is simple in nature, let the petitioners, above named, in
the event of arrest or surrender before the court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Bettiah,
West Champaran in connection with Bettiah Town P.S. Case No.
60 of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.88960 of 2025(2) dt.12-01-2026
3/3
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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