Omprakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79067 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- BYPASS District- Patna ====================================================== Omprakash Singh S/o Jhabbu Singh Resident of March Mirchi, P.S.- Bypass, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar Singh For the Opposite Party/s :
Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 16-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Bypass P.S. Case No. 122 of 2025 registered for the offences punishable under Sections 191(1), 191(2), 126(2), 115(2), 109, 125, 132, 352, 351(2) and 351(3) of the BNS, 2023.
3. The allegation against the petitioner is of active participation along with 31 named accused persons and 100-150 unknown persons and shouting, abusing and assaulting the police personnel, who came to inspect in the village on the eve of Holika Dahan. On account of stones pelting, two of the police personnel, including one ASI sustained injuries.
4. Learned Advocate for the petitioner submitted that the FIR has been instituted against 32 named accused persons
Patna High Court CR. MISC. No.79067 of 2025(2) dt.16-12-2025 2/3 with 100-150 unknown persons, however with omnibus allegation of stones pelting. There is no specific allegation against the petitioner of any overt act. Taking note of the aforesaid fact, other co-accused persons, who are facing identical allegation, have been allowed the privilege of anticipatory bail by this Court in Cr. Misc. No. 50728 of 2025. It is lastly contended that during the course of investigation no means of identification has been disclosed and moreover the petitioner undertakes that he will fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the petitioner is named in the FIR along with other co-accused persons.
6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of omnibus nature of allegation, coupled with the fact that the case of the petitioner is based on parity with those who have been accorded the privilege of anticipatory bail, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this
Patna High Court CR. MISC. No.79067 of 2025(2) dt.16-12-2025 3/3 order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna City, Patna in connection with Bypass P.S. Case No. 122 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T