Om Prakash Kumar @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28448 of 2023 Arising Out of PS. Case No.-405 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Om Prakash Kumar @ Om Prakash Son Of Akhilesh Kumar Resident Of Village - Thakuri, P.S. - Paliganj, Distt. - Patna. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paliganj P.S. Case No. 405 of 2022 registered on 13.09.2022 lodged under Sections 341, 323, 307, 34 of the I.P.C. and 27 of the Arms Act.

As per the prosecution case, the F.I.R. has been lodged against seven named and 3-4 unknown persons that all those accused persons surrounded the informant's father, who was going to Court and fired on him, due to which he was brutally injured.

Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.28448 of 2023(3) dt.07-06-2023 2/3 a Title suit pending between the informant and the petitioner's family. Counsel further submits that from the addresses it transpires that both the parties are from the same village and they are basically agnates, among which Title suit is pending, about which it has been mentioned in the F.I.R. itself. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 04.12.2022 having clean antecedent and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail and submits that in the rejection order it has come that it is the petitioner who had identified the victim, thereafter, firing took place.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

With this observation, the bail application stands rejected.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. Trial Court is directed to release the petitioner on bail

Patna High Court CR. MISC. No.28448 of 2023(3) dt.07-06-2023 3/3 afterthat, imposing its own conditions, so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) Ashishsingh/- U T