Patna High Court
Piyush Kumar @ Piyush Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
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
2/2
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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