Patna High Court – Orders
Omprakash Kumar vs The State Of Bihar on 27 August, 2025
Author: Nawneet Kumar Pandey
Bench: Nawneet Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57399 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- PATAHI District- East Champaran ====================================================== 1. Omprakash kumar S/o Ajay pandey Resident of village - Rupani, P.s.- Patahi, Distt.- East Champaran 2. Premprakash Kumar @ Vipin Kumar S/o Ajay Pandey Resident of village - Rupani, P.s.- Patahi, Distt.- East Champaran 3. Aman Kumar S/o Anil Kumar Singh Resident of village - Rupani, P.s.- Patahi, Distt.- East Champaran 4. Gulshan Kumar Pandey S/o Late Subodh Pandey Resident of village - Rupani, P.s.- Patahi, Distt.- East Champaran 5. Ripu Sudan Pandey S/o Krishn Nandan Pandey Resident of village - Rupani, P.s.- Patahi, Distt.- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar, Adv. For the State : Mr.Jagdhar Prasad, APP For the Informant : Mr. Yogesh Chandra Verma, Sr. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 2 27-08-2025
Heard learned counsel for the petitioners as well as
the learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Patahi P.S. Case No. 157 of 2024 registered for the offences
punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379,
504, 506 of the Indian Penal Code.
3. As per prosecution case, the accused persons are said
to have assaulted the informant and his family members, as a
result of which, they sustained injuries.
4. Learned counsel for the petitioners has submitted that
the petitioners are innocent and have falsely been implicated in
this case. The informant has made specific allegations of assault
against the accused persons. They are not named in the FIR and
Patna High Court CR. MISC. No.57399 of 2025(2) dt.27-08-2025
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their names have figured during investigation. It has further been
submitted that petitioner nos. 1, 2 and 3 are the persons of clean
antecedents whereas petitioner nos. 4 and 5 are accused in Patahi
P.S. Case No. 5 of 2020 which has been lodged by the informant.
The petitioner nos. 4 and 5 have already been granted bail in
Patahi P.S. Case No. 5 of 2020.
5. Sri. Yogesh Chandra Verma, learned Senior counsel
for the informant has opposed the prayer for bail and submitted
that the process under Section 82 of the CrPC has been issued. His
further submission is that according to paragraph no. 65 of the
case diary, the petitioners were seen in CCTV footage.
6. The process under Section 82 of the CrPC has been
issued against the petitioners. As such, they are directed to
surrender before the court below and make prayer for bail which
shall be disposed of on the same day without being prejudiced by
this order. While considering the bail application of the
petitioners, the learned court below shall take into account the
fact that according to the informant, the petitioners are not the
assailants.
7. With these observations, the petition is disposed of.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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