Patna High Court
Omkar PandeyversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court disposed of the pre‑arrest bail application, directing the petitioner to surrender and seek regular bail before the District Court.
Summary
Omkar Pandey applied for pre‑arrest bail in a case (Uchkagaon PS Case No. 158 of 2017) alleging offences under Section 307 of the IPC and Section 27 of the Arms Act. The FIR did not name him, and he learned of the pending case only after a Section 82 CrPC process. He approached the District Court for bail, which rejected his pre‑arrest bail application, prompting this petition. The Patna High Court noted that the petitioner was not named in the FIR and that he had promptly sought relief after acquiring knowledge of the case. The Court directed him to surrender and apply for regular bail before the District Court, ordering that the bail application be considered without prejudice to the earlier order. Consequently, the pre‑arrest bail application was disposed of.
Issues considered
- Whether a pre‑arrest bail can be granted when the petitioner is not named in the FIR.
- Whether the petitioner should surrender and seek regular bail after the rejection of his pre‑arrest bail application.
Legislation cited
- Arms Act — s. 27
- BNSS — s. 84
- Code of Criminal Procedure, 1973 — s. 82
- Indian Penal Code — s. 307
Subjects
- pre‑arrest bail
- regular bail
- IPC 307
- Arms Act 27
- FIR
- surrender
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89268 of 2025
Arising Out of PS. Case No.-158 Year-2017 Thana- UCHKAGAON District- Gopalganj
======================================================
Omkar Pandey Son of Late Rammurat Pandey Resident of Village- Tola
Sipaya, PS- Bisambharpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Vyas Kumar Mishra, learned counsel
appearing on behalf of the petitioner and Mr. Vinod Shanker
Modi, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Uchkagaon P.S. Case No. 158 of 2017 registered for the
offence(s) punishable under Sections 307 of the Indian Penal
Code and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, the petitioner
along with other co-accused persons have fired upon the
informant, as a result of which, he sustained firearm injury on
his hand.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is not named in the
Uchkagaon P.S. Case No. 158 of 2017 and only after issuance of
Patna High Court CR. MISC. No.89268 of 2025(2) dt.28-01-2026
2/2
process under Section 82 Cr.P.C., corresponding section 84 of
BNSS, he came to know that the present criminal case is
pending against him. Thereafter, petitioner immediately availed
remedy before the learned District Court but his pre-arrest bail
application was rejected, leading to filing of the present bail
application.
5. Considering the fact that the petitioner is not named
in the FIR and immediately after having knowledge about the
present case, the petitioner has availed remedy before the
learned District Court, the petitioner is directed to surrender and
seek regular bail before the learned District Court. In that case,
the learned District Court is directed to consider the bail
application of the petitioner on the same day, without being
prejudiced by earlier order dated 18.11.2025 passed in ABP
No.1575 of 2025.
6. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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