Patna High Court
Piyush KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Piyush Kumar, applied for regular bail in a murder case registered under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. The allegation is that he participated in the brutal killing of the deceased, with his name implicated through self‑incriminating statements of co‑accused whose bail had earlier been denied. The court noted the seriousness of the charge, the existence of prima facie material linking the petitioner to the offence, and his six prior criminal convictions. Considering these factors, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether regular bail can be granted to the petitioner in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the allegations, prima facie evidence, and the petitioner's criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- bail
- murder
- Section 103(1) Bharatiya Nyaya Sanhita
- prima facie evidence
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30620 of 2026
Arising Out of PS. Case No.-285 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Piyush Kumar Son of Wakil Kunwar @ Rajendra Singh Resident of Village-
Daniyalpur, P.S.- Teghra, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam
For the Opposite Party/s : Mr. Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Muffasil P.S. Case No. 285 of 2025 registered for the offence
under Sections 103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is said to have been involved in
committing the murder of the deceased. Unknown criminals had
brutally killed the deceased by cutting his neck. After the
recovery of the dead body, the police investigated the case. The
name of the petitioner has surfaced in the case on the basis of
the self-inculpatory statements of the co-accused Niraj Kumar
Nayan and Himanshu Kumar, whose bail applications had been
rejected by this Court in Cr. Misc. No. 91109 of 2025 along with
Patna High Court CR. MISC. No.30620 of 2026(2) dt.08-05-2026
2/2
Cr. Misc. No. 9149 of 2025 on 30.03.2026.
5. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. The petitioner is in custody since 26.09.2025 and has
six criminal antecedents.
6. Considering the nature and gravity of the
accusation, the material available on record, and the criminal
antecedents of the petitioner, this Court is not inclined to grant
regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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