Omkar Kumar Rajak @ Omkar Kumar @ Rajak @ Kali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.492 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- SULTANGANJ District- Bhagalpur ====================================================== Raja @ Subhash Kumar Choudhary @ Subash Kumar Choudhary Son of Bijay Kumar Choudhary Resident of - Bari Masdi Ward No.- 05, P.S.- Sultanganj, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6213 of 2026 Arising Out of PS. Case No.-415 Year-2025 Thana- SULTANGANJ District- Bhagalpur ====================================================== Omkar Kumar Rajak @ Omkar Kumar @ Rajak @ Kali son of Dheeraj Kumar Rajak @ Dhiraj Kumar Rajak Village -Kumhar Toli, Ward No 17, PsSultanganj, District -Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 492 of 2026) For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Rajiv Nayan (In CRIMINAL MISCELLANEOUS No. 6213 of 2026) For the Petitioner/s :
Mr.Ankit Raj For the Opposite Party/s :
Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-02-2026 As both these bail applications arise out of the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in a case registered for the offence punishable under Section 309(6) of the B.N.S. but later
2/4 on charge-sheet has been submitted under Section 25(1B)A/26/35 of the Arms Act.
4. Petitioners are said to have snatched away a mobile phone, cash and Toto vehicle of the brother of the informant on the point of weapons.
5. Learned counsel for the petitioners have submitted that the First Information Report was lodged against three unknown passengers who had booked the Toto of the informant's brother and they had snatched the Toto vehicle along with mobile and cash on the point of weapons. It is further submitted that the name of the petitioners subsequently transpired during the course of investigation in the confessional statement of one of the apprehended accused Dev Thakur @ Kallu. Further, the petitioners are in custody since 14.09.2025 and 13.09.2025 and while petitioner Raja has no criminal antecedent, petitioner Omkar Kumar Rajak has one criminal antecedent in which he is on bail. Charge-sheet has already been submitted and cognizance has been taken.
6. Learned APP for the State has opposed the application for bail on the ground that the petitioners have been identified in the Test Identification Parade.
7. Taking into consideration the facts and
3/4 circumstances and also considering the fact that no recovery as such, has been made from these petitioners and they have remained in custody since 14.09.2025 and 13.09.2025 and undertake to cooperate in the trial, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sultanganj P.S. Case No. 415 of 2025, subject to the conditions that:
(I) One of the bailors will be a family member/close relative.
(II) The petitioners shall appear on each and every date till conclusion of trial and if the petitioners do not appear on two consecutive dates without any substantial and satisfactory reason, the learned court below would be at liberty to cancel their bail bonds.
(III) In case the petitioners are found to be involved in any other case of similar nature, the bail granted in the present case shall also stand cancelled.
(Soni Shrivastava, J) devendra/- U T
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