Patna High Court
Om Prakash PathakversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the bail application.
Summary
Om Prakash Pathak was charged with offences under Sections 103(1), 238, 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act for allegedly looting a Scorpio vehicle and shooting a person who later died. He gave a self‑inculpatory statement and has been in custody since 10 September 2024. He applied for bail, arguing that the trial was delayed because co‑accused had not appeared. The court, noting the seriousness of the charges, the self‑incriminating confession and the risk of tampering with evidence, refused bail and dismissed the application. The trial judge was directed to secure the appearance of the co‑accused and to commit the case to the Sessions Court. The order was to be communicated to the Principal District and Sessions Judge, Darbhanga.
Issues considered
- Whether bail should be granted to the petitioner under the charged sections of the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the delay in trial caused by the non‑appearance of co‑accused warrants any relief to the petitioner.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 238, 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- trial delay
- co‑accused non‑appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91186 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- SINGHWARA District- Darbhanga
======================================================
Om Prakash Pathak Son of Late Rajkumar Pathak @ Raj Kumar Pathak
Resident of Village - Madhopatti, P.S.- Kamtaul, District - Darbhanga (Bihar).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vinay Kumar Mishra
For the Opposite Party/s : Mr.Renuka Ratnakar (125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 14-05-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Singhwara P.S. Case No. 246 of 2024 registered for the offence
under Sections 103(1), 238, 3(5) of the BNS and under Section
27 of the Arms Act.
3. As per the prosecution case, the dead body of the
unknown person was recovered and the FIR was registered
against unknown. During the course of investigation, the
petitioner has given his self-inculpatory statement that he along
with other accused persons have hired a scorpio vehicle and
while travelling, they committed loot of the scoprio vehicle and
shot him because of which he died.
4. The petitioner is in custody since 10.09.2024.
5. Considering the allegations levelled against the
Patna High Court CR. MISC. No.91186 of 2025(5) dt.14-05-2026
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petitioner, this court is not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
7. During the course of argument, it has been
submitted by the learned counsel for the petitioner that the trial
of the petitioner is delayed because of the non-appearance of
other co-accused.
8. In view of the above, the trial Judge is directed to
take all steps for appearance of the co-accused and commit the
case to the Court of sessions.
9. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Darbhanga through FAX
for its compliance.
(Sandeep Kumar, J)
Vikas/-
U
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