Omprakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74965 of 2024 Arising Out of PS. Case No.-14 Year-2024 Thana- BHAPTIAHI District- Supaul ====================================================== Omprakash Kumar Son of Baban ray Resident of village- Ddabauliya Ward no.- 15, P.S.- Dumariyaghat District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhaptiyahi P.S. Case No. 14 of 2024 registered for the offence under Sections 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. Initially the case was registered under Section 307/34 of the Indian Penal Code but charge-sheet has been submitted under Section 393, 307/34 of the Indian Penal Code and under Section 27 of the Arms Act.

4. As per the prosecution case, unknown criminals had shot at the victim when he objected theft of diesel from truck by them.

5. It has been submitted by the learned counsel for

Patna High Court CR. MISC. No.74965 of 2024(4) dt.22-01-2025 2/2 the petitioner that petitioner is innocent and he is trapped only because he is the owner of a vehicle which was used in the crime. The petitioner is in custody since 4.3.2024.

6. Learned APP for the State has submitted that petitioner is having one criminal antecedent of murder also.

7. Considering the facts of the case, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U