Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21370 of 2025 Arising Out of PS. Case No.-396 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Om Prakash Kumar S/o Dinbandhu Rai @ Dinbandhu Ray Resident of Village- Jiyan Khurd, PS- Karja, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Shailendra Kumar For the State :
Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-04-2025 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Karja P.S. Case No. 396/2023 registered for the offence punishable under Sections 341/323/324/307/504/379/506/34 of the Indian Penal Code.
3. The prosecution case in brief in that on 16.11.2023 when the informant returned after driving his auto and went to the spot where he generally used to park his auto, he found that a bundle of husk was kept at that spot. He inquired about the husk from co-accused Om Prakash and requested him to remove it. However, Om Prakash started abusing him and when the informant protested then Om Prakash Kumar, Basant Kumar, Akash Kumar, Dinbandhu Rai, Manju Devi attacked him with various arms. Basant Kumar hit the informant's
Patna High Court CR. MISC. No.21370 of 2025(2) dt.23-04-2025 2/2 forehead with a knife due to which he suffered a cut wound. Surendra Sah came to his rescue then Om Prakash Kumar hit him on his head with a knife due to which Surendra Sah also sustained a cut wound and became unconscious. When the informant's wife and mother came to their rescue then Akash Kumar pushed the informant's wife and snatched Mangalsutra from her and Dinbandhu Rai and Manju Devi pushed the informant's mother and snatched Mangalsutra and ring from her. Om Prakash snatched Rs. 2,000/- from the informant.
4. The petitioner is in jail since 27.01.2025 and he has clean antecedent.
5. Considering the fact that similarly situated coaccused persons have been granted bail vide order dated 20.07.2024 passed in Cr. Misc. No. 46849 of 2024 and also the period of custody, this application is allowed.
6. Let the petitioner above named 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 Judicial Magistrate, 1st Class, Muzaffarpur/ concerned court in connection with Karja P.S. Case No. 396/2023. (Sandeep Kumar, J) Saif/- U T