Patna High Court
Om Prakash Kumar @ Omprakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Om Prakash Kumar, was arrested for alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023, after a stolen car with forged ownership documents was intercepted while he was driving it. He claimed he had borrowed the vehicle from a friend, was unaware of its illegal status, and had a clean antecedent, having been in custody since 19‑10‑2025 with a charge‑sheet already filed. The State opposed bail, but the court considered the petitioner’s clean record, the filing of the charge‑sheet, and the period of custody. Relying on Section 480(3) of the BNSS, the court ordered bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding attendance and breach. Consequently, the petitioner was released on bail subject to those conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5) r/w 3(5), 318(4), 336(3), 338, 340(2), 480(3)
Subjects
- bail
- stolen vehicle
- forged documents
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 480
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91714 of 2025
Arising Out of PS. Case No.-300 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Om Prakash Kumar @ Omprakash Kumar S/O Late Bhadai Ram R/O-
Kamalua, P.S.- Malahi, Dist- East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Dumariyaghat P.S. Case No. 300 of 2025
registered for the alleged offences under Sections 318(4), 338,
336(3), 340(2), 317(5) r/w 3(5) of Bharatiya Nyaya Sanhita,
2023.
03. As per prosecution case, the petitioner was found
driving a car which was intercepted and found to be stolen one.
Further, the ownership documents was found to be forged and
fabricated. The engine number and chassis number of the
vehicle were also not visible as some part of it was erased.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91714 of 2025(3) dt.25-02-2026
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petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 19.10.2025 and charge-
sheet has been submitted. The petitioner is having clean
antecedent. Learned counsel further submits that the petitioner
borrowed the vehicle from one of his friends namely Guddu Das
and was not knowing about the antecedent of the vehicle. The
petitioner did not try to run away on seeing the police party and
rather cooperated with the investigation.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran, Motihari/court concerned in
connection with Dumariyaghat P.S. Case No. 300 of 2025,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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