Om Kumar @ Om Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57935 of 2025 Arising Out of PS. Case No.-315 Year-2024 Thana- RAGHOPUR District- Vaishali ====================================================== Om Kumar @ Om Rai, S/o Nagendra Rai, R/o Village and P.S.- Rustampur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Soni Kumari, Advocate.
For the State :
Mr. Kalyan Shankar, APP For the informant :
Mr. Dhirendra Kumar Sinha, Advocate.
Mr. Ajay Kumar Sinha, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Raghopur P.S. Case No. 315 of 2024 dated 10.11.2024 registered for the offences punishable under Sections 103, 61(2) and 3(5) of Bharatiya Nyaya Sanhita.
3. As per allegation, co-accused Bhullu Rai was extending threat to the informant/lady to marry him failing which her son would be killed and accordingly on refusal of the informant to marry Bhullu Rai, Bhullu Rai killed three year old minor son of the informant.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.57935 of 2025(2) dt.27-08-2025 2/3 case. He further submits that there is no allegation against the petitioner in the whole FIR. As per prosecution case, the name of petitioner has transpired in the confessional statement of coaccused Bhullu Rai and except the so-called confessional statement of the co-accused Bhullu Rai before the Police, there is no any material which may connect the petitioner with the alleged offence.
5. Learned counsel for the informant submits that the informant has no grievance against the petitioner and if he is enlarged on anticipatory bail, he has no objection.
5. 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 in the instant case.
6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has no criminal antecedents.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.57935 of 2025(2) dt.27-08-2025 3/3 satisfaction of learned concerned court below in connection with Raghopur P.S. Case No. 315 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, 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.
(ii) 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. (Jitendra Kumar, J) S.Ali/- U T