Patna High Court
Priyadarshi Piyush @ Priyadarshi Piush @ Piyush PriyadarshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the FIR lacks a specific allegation against the petitioner and therefore granted bail subject to conditions.
Summary
The petitioner, Priyadarshi Piyush, sought bail fearing arrest in connection with FIR No.111 of 2025 alleging assault with deadly weapons under several sections of the Bihar Non-Statutory (BNS) Act, 2023. He contended that the FIR contained only a generic allegation against all accused and no specific charge against him, asserting the case was politically motivated as he was a former Jan Suraj Party candidate. The State opposed bail, noting a second FIR against the petitioner under Section 223 of BNS and Section 133 of the RP Act, 1951, and argued the petitioner had other pending cases. The court examined the FIR and found no specific allegation against the petitioner, concluding that bail could be granted under Section 438(2) of the CrPC. Accordingly, the court ordered bail with a bond of Rs.10,000, two sureties, and several conditions including cooperation with the trial and verification of criminal antecedents.
Issues considered
- Does the FIR contain a specific allegation against the petitioner sufficient to deny bail?
- Can bail be granted under Section 438(2) of the CrPC despite pending charges and a second FIR?
- Do political considerations affect the grant of bail in this case?
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- FIR
- specific allegation
- Section 438 CrPC
- political rivalry
- assault
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2941 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- BHADAUR District- Patna
======================================================
Priyadarshi Piyush @ Priyadarshi Piush @ Piyush Priyadarshi Son of Mukesh
Kumar Singh R/o Village - Khajur Korama, P.O. - Nawada Bazar, P.S. -
Rajaun, Dist. - Banka(Bihar). Presently R/o Muhallah - Tripurari Enclave,
Flat No. - 304, Baldev Bhawan Road Punaichak, Near P.N.B. Bank, P.S. -
Sastri Nagar, Dist. - Patna.(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anand Prakash, Advocate
For the Opposite Party/s : Mr.Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-02-2026 Heard Mr.Anand Prakash, learned counsel for
the petitioner and Mr.Ajay Mishra, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bhadaur P.S.Case No.111 of 2025,FIR
dated 31.10.2025 registered for the offences punishable
under Sections 126(2),115(2),109(1),324(4),352,351(2),3(5)
of BNS, 2023.
3. Allegation against the petitioner is that he
alongwith his supporters surrounded the informant and
others with deadly weapons and assaulted them brutally,
due to which they sustained injuries on various part of the
Patna High Court CR. MISC. No.2941 of 2026(2) dt.17-02-2026
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body.
4. Learned counsel for the petitioner submits that
after lodging the present FIR, another FIR has been
instituted against the petitioner bearing Bhadaur P.S.Case
No. 113 of 2025 under Sections 223 of BNS and Section
133 of RP Act 1951. Learned counsel for the petitioner
submits that although the petitioner is named in the FIR but
from a bare perusal of the FIR it appears that there is no
specific allegation of any assault or overt-act attributed
against the petitioner rather there is general and omnibus
allegation against all the accused persons including the
petitioner and the petitioner has been made accused in the
present case due to political rivalry and petitioner was a
candidate of Jan Suraj Party in the last assembly election.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits
that the petitioner carries one more case other than the
present one, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, there is no
specific allegation against the petitioner in the FIR, let the
petitioner, above named, in the event of his arrest or
Patna High Court CR. MISC. No.2941 of 2026(2) dt.17-02-2026
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surrender before the court below within a period of thirty
days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs.10,000 (Ten Thousand)
with two sureties of the like amount each to the satisfaction
of learned J.M.-Ist Class, Barh, Patna in connection with
Bhadaur P.S.Case No.111 of 2025, subject to the conditions
as laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be
cancelled by the Court below.
(II) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty
to move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has
concealed his/her criminal antecedent, the court below shall
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take step for cancellation of bail bond of the petitioner.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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