Patna High CourtCR. MISC./13441/2025bail granted

Omprakash Kumar @ Omprakash Kumar Patel v. The State Of Bihar

2025-05-08Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13441 of 2025 Arising Out of PS. Case No.-514 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Omprakash Kumar @ Omprakash Kumar Patel S/O Yogender Patel VillageBarwat Pasrain, Ward No. 36, P.S.- Bettiah Mufassil, District- West Champaran, Bihar ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mayank Mohan, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bettiah Town P.S. Case No. 514 of 2024 dated 16.11.2024 registered for the offences punishable u/ss 310(4), 310(5), 317(2) of the BNS and section 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, police apprehended the petitioner and the co-accused persons who assembled in the south east corner of the Ramna Maidan for committing loot and on search, two loaded automatic pistols, one loaded country made katta and a motorcycle were recovered from

Patna High Court CR. MISC. No.13441 of 2025(3) dt.08-05-2025 2/3 them. It is further alleged that two live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 21.03.2025 passed in Cr. Misc. No. 14056/2025. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 17.11.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 514 of 2024 with the condition :- (i) The petitioner is directed to remain physically

Patna High Court CR. MISC. No.13441 of 2025(3) dt.08-05-2025 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T