Patna High Court
Piyush KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Petitioner Piyush Kumar was arrested in connection with a FIR alleging that he, along with others, tied, beat, and burnt the husband of an informant, leading to the husband's death. The informant’s brother‑in‑law allegedly supplied the information, and the dying declaration of the deceased did not name the petitioner. The petitioner’s counsel argued that the informant was not an eye‑witness, the FIR contained only a general allegation against all accused, and the petitioner has no specific incriminating evidence against him. The prosecution opposed bail, citing the petitioner’s inclusion in the FIR, the seriousness of the offences under the Bharatiya Nyay Sanhita, and two prior criminal antecedents, though noting he is already on bail for those matters. The court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the Bharatiya Nyay Sanhita.
- Whether the lack of a specific allegation against the petitioner in the FIR and the absence of his name in the dying declaration justify bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103, 109, 115, 117, 118, 126, 190, 191, 303, 351, 352, 74
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- assault
- murder
- dying declaration
- omnibus charge
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29718 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- ROH District- Nawada
======================================================
Piyush Kumar S/O Sharan Yadav @ Sarvan Yadav Resident Of Village -
Bhatta, P.S- Roh, District - Nawada
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Anil Kumar Singh No. 1, APP
For the Informant : Mr. Aatish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard Mr. Sheo Kumar Prasad, learned counsel
for the petitioner, Mr. Anil Kumar Singh No. 1, learned
Additional Public Prosecutor for the State and Mr. Aatish
Kumar, learned counsel for the Informant.
2. Petitioner seeks bail who is in custody since
13.12.2025 in connection with Roh P.S. Case No. 413 of 2025,
F.I.R. dated 06.12.2025 for the offences punishable under
Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 118(2),
117(2), 117(4), 109, 74, 303(2), 352, 351(2), 103(2)of the
Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
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alleged that the petitioner along with other accused persons tied
her husband on the pretext of theft and beat him badly, burnt
him by heated iron rod and seriously injured him. It is further
alleged that husband of the informant died on the way when he
was taken from Pawapuri Hospital to PMCH for treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. It appears from the FIR itself that informant is not
the eye witness of the alleged occurrence and she has filed false
case against the petitioner on the basis of information furnished
by her brother-in-law. He next submits that although the
deceased (husband of the informant) had given his dying
declaration but he has not stated name of the petitioner. It also
appears from the FIR that there is no specific allegation of
assault or overt act against him rather there is general and
omnibus allegation against all the accused persons including the
petitioner. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 13.12.2025.
5. The learned Additional Public Prosecutor as well as
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioner and submit that petitioner is
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named in the FIR and deceased had stated the entire incident
before his death. He further submits that petitioner carries two
criminal antecedent other than the present one but fairly submits
on the basis of paragraph-3 of the bail application that the
petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 the learned Judicial
Magistrate-Ist Class, Nawada in connection with Roh P.S. Case
No. 413 of 2025, subject to the 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 absence on two consecutive dates without sufficient
reason, his 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
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criminal antecedent, the court below shall 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)
Suruchi/-
U T
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