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2025 DAILYLAW 4875 (PAT)

Om Prakash Kumar @ Omprakash Kumar v. The State of Bihar

CR. MISC./91714/2025 · 2026-02-25

Arun Kumar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91714 of 2025 Arising Out of PS. Case No.-300 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Om Prakash Kumar @ Omprakash Kumar S/O Late Bhadai Ram R/O- Kamalua, P.S.- Malahi, Dist- East Champaran at Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 3 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 300 of 2025 registered for the alleged offences under Sections 318(4), 338, 336(3), 340(2), 317(5) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023. 03. As per prosecution case, the petitioner was found driving a car which was intercepted and found to be stolen one. Further, the ownership documents was found to be forged and fabricated. The engine number and chassis number of the vehicle were also not visible as some part of it was erased. 04. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.91714 of 2025(3) dt.25-02-2026 2/3 petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 19.10.2025 and charge- sheet has been submitted. The petitioner is having clean antecedent. Learned counsel further submits that the petitioner borrowed the vehicle from one of his friends namely Guddu Das and was not knowing about the antecedent of the vehicle. The petitioner did not try to run away on seeing the police party and rather cooperated with the investigation. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and his clean antecedent along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/court concerned in connection with Dumariyaghat P.S. Case No. 300 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of Patna High Court CR. MISC. No.91714 of 2025(3) dt.25-02-2026 3/3 the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T