Om Babu @ Ombabu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34744 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Om Babu @ Ombabu S/o Manoj Kumar R/o Vill.- Kasturiya, P.S- Tariyani, Distt.- Sheohar, Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Kumar Prabhakar, Advocate For the State :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sheohar P.S. Case No-310 of 2024, dated-03.11.2024, registered for the offences punishable under Sections 303(2) of the B.N.S., 2023.
3. As per allegation, some unknown persons have committed theft of the motorcycle of the Informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR has been lodged against unknown persons and the case against the Petitioner is based only on suspicion and the confessional statement of the coaccused. He also submits that there is no tangible material in
Patna High Court CR. MISC. No.34744 of 2025(3) dt.13-08-2025 2/3 support of the case against the Petitioner and no stolen property has been recovered from the possession of the Petitioner.
5. He further submits that the petitioner has been languishing in jail since 31.01.2025.
6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has earlier been made accused in five other cases.
7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below in connection with Sheohar P.S. Case No-310 of 2024 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that
Patna High Court CR. MISC. No.34744 of 2025(3) dt.13-08-2025 3/3 investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. Chandan/ Md. Rashid- (Jitendra Kumar, J.) U T