Om Prakash Singh @ Om Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33708 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
Om Prakash Singh @ Om Prakash S/o Late Binod Singh @ Rambinod Singh Resident of village- Pakahi, Jhajhra, P.S.- Kusheshwar Asthan, DistDarbhanga 2.
Nityanand Singh @ Bauwa Bhai S/o Tez Narayan Singh @ Late Tezan Sing R/o vill - Pakahi, ward no. 9, P.S.- Kusheshwar Asthan, Distt.- Darbhanga 3.
Ajay Singh S/o Baidyanath Singh R/o vill - Pakahi, Jhajhra, P.S.- Kusheshwar Asthan, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prafull Chandra Jha, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-05-2025
1. Heard learned counsel for the petitioners and learned APP for the State.
2. A prayer for bail has been made on behalf of the petitioners in connection with Kusheshwar Asthan P.S. Case no.26 of 2025 registered under sections 126(2), 115(2), 103, 352, 351(2) and 3(5) of the B.N.S, 2023.
3. The allegation in the F.I.R is that while the informant was returning along with grand daughter, a fight took place near the shop of one Santosh Nayak. When the informant intervened to save her son, accused Om Prakash along with others including the petitioners herein, abused and assaulted the
Patna High Court CR. MISC. No.33708 of 2025(2) dt.27-05-2025 2/3 informant with lathi and danda. It is further alleged that one fist blow hit her grand daughter's face who was in lap of the informant and when she was taken to hospital she was declared dead.
4. Learned counsel for the petitioner submits that the present F.I.R has been lodged at the instance of Ram Dayal Yadav and Ajit Yadav and is the counterblast to Kusheshwar Asthan P.S. Case no.25 of 2025 (Annexure-2) lodged by the petitioner no. 2 against the said persons. It is further submitted that a fight had taken place between the informant's son Ram Rai and the petitioners. In the meantime, the informant had come with her 1 and 1⁄2 years old grand daughter who was in her arms and during the pushing and shoving, her grand daughter fell down receiving injuries and subsequently died.
5. On the strength of these facts, learned counsel for the petitioners submits that no intention to kill can be gathered from facts and circumstances of the case and at best it would be an accidental fist blow on the grand daughter of the informant. It has further been submitted that after thorough investigation charge-sheet has been submitted in the case under Section 105 of the B.N.S and other minor Sections of the B.N.S on 06.02.2025. The petitioners have no criminal antecedent and
Patna High Court CR. MISC. No.33708 of 2025(2) dt.27-05-2025 3/3 they are in custody since 06.02.2025. They undertake to cooperate in the case/trial.
6. The application for bail is opposed by learned A.P.P. for the State.
7. Taking into consideration the above mentioned facts of the case, the petitioners are directed to be enlarged on bail in connection with Kusheshwar Asthan P.S. Case no.26 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M, Biraul, Darbhanga.
(Soni Shrivastava, J) Harsh/- U T