Om Prakash Singh @ Aman Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82431 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- JURAWANPUR District- Vaishali ====================================================== Om Prakash Singh @ Aman Prakash S/o Late Nageshwar Singh R/o Village - Raghopur Paschmi, P.S - Jurawanpur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard learned Advocate for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jurawanpur P.S. Case No.80 of 2025 registered for the offences punishable under Sections 115(2), 118(2), 126(2), 109, 303(2), 351(2) and 352 of the BNS.

3. The allegation against the petitioner is of causing assault by means of iron rod over the leg of the informant due to which he sustained fracture injury, besides the allegation of snatching of valuables and threatening to transfer the property in his name.

4. Learned Advocate for the petitioner contended that the petitioner is none but the nephew of the informant and on account of a partition dispute, the name of the petitioner has

Patna High Court CR. MISC. No.82431 of 2025(2) dt.17-12-2025 2/3 been implicated in this case. Moreover, prior to the institution of the present case, the petitioner had also lodged an FIR, bearing Jurawanpur P.S. Case No.70 of 2025 against the informant. Referring to the FIR, it is further contended that even if the allegation is taken to be true, for the sake of argument, admittedly, the petitioner is assaulted over the leg of the informant and, as such, there was no intention to kill him; hence, there is no application of Section 109 of BNS. Moreover, the petitioner bears fair antecedent and he 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 brutally assaulted the informant due to which his leg was broken and since he was under treatment in NMCH, therefore, delay has occurred in lodging of the FIR.

6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the relationship between the parties, coupled with the injury over the non-vital part, besides the fair antecedent of the petitioner and the factum of case and counter case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four

Patna High Court CR. MISC. No.82431 of 2025(2) dt.17-12-2025 3/3 weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Vaishali at Hajipur in connection with Jurawanpur P.S. Case No.80 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T