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Patna High Court

Piyush Kumar @ B. C.versusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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