Patna High Court
Piyush Kumar @ B. C.versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, prima facie, the FIR does not allege assault and therefore bail was warranted.
Summary
Piyush Kumar was named in an FIR (Case No. 11 of 2026) for alleged offences under Sections 132, 121(1), 351(2), 352 and 3(5) of the BNS, purportedly for behaving indecently with a lady constable during a vehicle check on 5 January 2026. The petitioner contended that the FIR did not contain any allegation of assault and that the only accusation was an indecent remark, which arose from a minor traffic violation. The State opposed bail, but the court observed that, prima facie, the FIR lacked an assault allegation and that the petitioner had a clean antecedent. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks and compliance with the lower court’s requirements.
Issues considered
- Whether the FIR contains a sufficient allegation of assault to justify denial of bail
- Whether bail can be granted under Section 482(2) of the BNSS in view of the charges framed
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 121(1), 132, 3(5), 351(2), 352
Subjects
- bail
- FIR
- assault
- indecent behavior
- Section 482
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36527 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- KASIMBAZAR District- Munger
======================================================
Piyush Kumar @ B. C. Son of Roop Lal Sah Resident of Village- Ambe
Chauk, P.S.- Kasim Bazar, District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deep Anshuman
For the Opposite Party/s : Mr. Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kasim Bazar P.S.
Case No. 11 of 2026 registered for the offences punishable
under Sections 132, 121(1), 351(2), 352 and 3(5) of BNS.
3. The allegation against petitioner is to behave
indecently with informant who is a lady constable, while she
was on duty of vehicle checking on 05.01.2026.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that allegation of assault is not
available against petitioner as per FIR. It is submitted that no
indecent remark as alleged was passed by this petitioner and
due to certain violation of minor traffic regulation the present
FIR was lodged which is otherwise the subject matter of Motor
Patna High Court CR. MISC. No.36527 of 2026(2) dt.15-06-2026
2/2
Vehicle Act/ Rule. It is submitted that just to aggravate the
allegation the present FIR was lodged. Petitioner claimed clean
antecedent.
5.Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie the allegation of assault is
not available against petitioner as per FIR, coupled with the
fact that the maximum as allegation available against this
petitioner is only to pass indecent remark (not specified)
against informant, accordingly petitioner above-named who is a
man of clean antecedent, in the event of his arrest or
surrender before the court below within a period of four weeks,
is directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM, Munger
/concerned Court, where the case is pending in connection with
Kasim Bazar P.S. Case No. 11 of 2026, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.