Omkar Singh @ Omkar Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75833 of 2024 Arising Out of PS. Case No.-422 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Omkar Singh @ Omkar Narayan Singh Son of Jitendar Singh R/O Vill.- Uday Bhanpur, P.S.- Krishnagarh, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending arrest in connection with Ara (Muffasil) Dobahan O.P. P.S. Case No.422 of 2023, registered on 27.09.2023, for the offences punishable under Section 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against two unknown accused persons against whom there is allegation that they have fired on the informant due to which the informant sustained injury on his left hand.
4. Learned Counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that FIR has been lodged against unknown accused persons.
Patna High Court CR. MISC. No.75833 of 2024(2) dt.12-11-2024 2/3 The name of the petitioner has figured in this case by virtue of the confessional statement of co-accused persons, who were subsequently identified by the Investigating Officer in this case, namely, Prakash Singh and Suraj Kumar Singh. Counsel submits that from Annexure-2 it becomes crystal clear that the informant and the said two named accused persons have filed a compromise petition before the Trial Court. Counsel for the petitioner further submits that from the content of FIR there is specific allegation against two accused persons only. Petitioner is third one and the said two accused persons have already been identified during investigation. He further submits that antecedent of the petitioner is clean and petitioner is a law abiding citizen and ready to fulfill all the conditions whatsoever shall be imposed.
5. Learned Additional Public Prosecutor for the State opposes the prayer for bail but accepts that antecedent of the petitioner is clean as per the pleading and two accused persons have already been identified by the I.O.
6. In the present facts and circumstances of the case, the petitioner, above named, is directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.75833 of 2024(2) dt.12-11-2024 3/3 furnishing bail bond of Rs.30,000/- (Three Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara (Muffasil) Dobahan O.P. P.S. Case No. 422 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Mkr./- U T