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Patna High Court

Piyush Kumar @ Piyush Kumar RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted to the petitioners.

Summary

The petitioners, Piyush Kumar and Anish Kumar, were accused in Maharajganj P.S. Case No. 19 of 2026 of assaulting an informant and his brother, robbery of Rs. 90,500 and a gold chain, and firing a pistol, invoking several offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. They filed an application for anticipatory bail fearing arrest. The Court examined the seriousness of the alleged offences and the risk of tampering with evidence. Considering the gravity of the charges, the Court declined to grant anticipatory bail. The application was dismissed, but the petitioners were permitted to surrender within two weeks and seek regular bail thereafter. The order is limited to this application and does not prejudice future proceedings.

Issues considered

  • Whether anticipatory bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the nature and gravity of the alleged offences justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • serious offences
  • assault
  • robbery
  • arms act
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38565 of 2026
                     Arising Out of PS. Case No.-19 Year-2026 Thana- MAHARAJGANJ District- Siwan
                 ======================================================
           1.     Piyush Kumar @ Piyush Kumar Rai Son of Sanjay Rai @ Sanjay Ray R/O
                  village - Radiya, (Rahiya), P. S. - Maharajganj, District - Siwan
           2.    Anish Kumar Son of Sanjay Rai @ Sanjay Ray R/O village - Radiya,
                 (Rahiya), P. S. - Maharajganj, District - Siwan

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Bharti
                 For the Opposite Party/s :      Mr. Mohammad Sufyan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard the learned counsel for the petitioners and the

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Maharajganj P.S. Case No. 19 of 2026 registered for offences

                   under Sections 126(2), 115(2), 109, 351(2), 352, 303(2) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the

                   Arms Act.

                                3. As per the prosecution case, the petitioners, along

                   with other co-accused, are alleged to have assaulted the

                   informant and his brother with sticks, rods and iron rods and

                   snatched Rs. 90,500/- and a 12-gram gold chain and also fired at

                   the informant using a pistol.
            Patna High Court CR. MISC. No.38565 of 2026(2) dt.17-06-2026
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                                   4. Considering the allegations levelled against the

                      petitioners, the nature and gravity of the offence, this Court is

                      not inclined to grant the privilege of anticipatory bail to the

                      petitioners in the present case.

                                   5. Accordingly, this application for anticipatory bail is

                      dismissed.

                                   6. However, the petitioners are at liberty to surrender

                      in the concerned Court below within a period of two weeks

                      from today and seek regular bail, if so advised.

                                   7. It is, however, clarified that the observations made

                      herein are limited to the adjudication of the present application

                      and shall not prejudice the case of the petitioners at any

                      subsequent stage of the proceedings.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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