Om Prakash Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69085 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Om Prakash Saw S/O Butan Saw R/O Village- Obra, Police Station- Obra, District- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Obra P.S. Case No. 214 of 2025 instituted for the offence under Sections 115(2), 126(2), 118(2), 109(1), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in brief, is that on 11.06.2025, the informant was sitting with his father when accused, namely, Butan Saw, allegedly abused him using casterelated words and attacked him by means of an axe, causing injury. When his father intervened, he too was assaulted, and both were taken to the Government Hospital, Obra. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.69085 of 2025(2) dt.07-10-2025 2/3 that the petitioner is in custody since 12.06.2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would manifest that there is no specific allegation against the petitioner, rather the same is allegedly attributed upon co-accused, namely, Butan Saw. The only allegation, if taken on its face value, against the petitioner is of caught holding the informant, but the injury is found to be simple in nature, which further contradicts the prosecution case. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Obra P.S. Case No.

Patna High Court CR. MISC. No.69085 of 2025(2) dt.07-10-2025 3/3 214 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T