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Patna High Court

Piyush KumarversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29718 of 2026(2) dt.05-05-2026
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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
Patna High Court CR. MISC. No.29718 of 2026(2) dt.05-05-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.29718 of 2026(2) dt.05-05-2026
                                                        4/4




                      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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