Om Raj Kumar @ Om Raj Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87538 of 2025

Arising Out of PS. Case No.-57 Year-2025 Thana- PACHMAHLA District- Patna

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Om Raj Kumar @ Om Raj S/o Ravindra Kumar Singh @ Ravindra Singh @ Murgi Singh, R/o Vill- Barahiya, P.S.- Barahiya, Dist- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Arun Bharti, Advocate. For the Opposite Party/s : Mr. Rajendra Singh Shastri, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

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2 12-01-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Pachmahala P.S. Case No.57 of 2025 instituted under Sections 126(2), 115, 109(1), 352, 351(2) & 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

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As per the prosecution case, on 14.07.2025, the petitioner alongwith other accused persons armed with weapons, arrived at the place where the yagya was being performed. It is alleged that the accused persons including the petitioner abused the son and nephew of informant and fired upon them with intention to kill. It is further alleged that the son of informant has sustained an injury on his hand and his nephew sustained an injury below his right eye.

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Patna High Court CR. MISC. No.87538 of 2025(2) dt.12-01-2026 2/3

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Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to some petty dispute between the parties. He further submits that there is delay in filing the F.I.R. without any plausible and reasonable explanation. Learned counsel submits that there is no recovery of any cartridge from the place of occurrence and the injury sustained by the victim is simple in nature and from the injury report it appears that the allegation of injury sustained from gun shot has been ruled out. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial of the case. He further submits that similarly situated coaccused, namely, Prashant Kumar has been granted anticipatory bail by the Co-ordinate Bench of this Court vide order dated 28.11.2025 passed in Cr. Misc. No.79261 of 2025.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks

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Patna High Court CR. MISC. No.87538 of 2025(2) dt.12-01-2026 3/3

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from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Barh in connection with Pachmahala P.S. Case No.57 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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(Sunil Dutta Mishra, J)

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Ritik/-

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U T

Om Raj Kumar @ Om Raj v. The State of Bihar

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Om Raj Kumar @ Om Raj v. The State of Bihar

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