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Patna High Court

Omkar PandeyversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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