Omprakash Kumar vs The State Of Bihar on 27 August, 2025

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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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