Patna High Court
Piyush Kumar @ Piyush KumaraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing the prescribed bond and sureties.
Summary
Petitioner Piyush Kumar applied for regular bail in a case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The prosecution alleged that the petitioner was seen with a pistol and that a scuffle resulted in a gunshot that killed the informant's son. The co‑accused, Rahul Kumar, confessed that the shot was accidental and was already granted bail on the ground of juvenility. Both the petitioner’s counsel and the Additional Public Prosecutor admitted that no one actually witnessed the shooting. Considering the lack of direct evidence against the petitioner and the bail already granted to the co‑accused, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with standard conditions.
Issues considered
- Whether regular bail should be granted to the petitioner despite the allegations under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the absence of direct eyewitness evidence warrants denial of bail.
- Whether the bail granted to a co‑accused on the basis of a confession influences the petitioner’s bail application.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- regular bail
- bail conditions
- Arms Act
- Bihar Narcotic Substances Act
- accidental discharge
- co‑accused confession
- evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46806 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- PHULWARIA District- Begusarai
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Piyush Kumar @ Piyush Kumara Son of Upendra Ram R/O Village- Baro
Bhit, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat, Adv.
For the Opposite Party/s : Mr.J.N. Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 02-02-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection
with Phulwaria P.S. Case No. 15 of 2025, registered for the
offences punishable under Sections 103(1), 3(5) of the BNS and
Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on the basis of
a written application dated 02.02.2025 submitted by the
informant, Niranjan Yadav, it is alleged that on 01.02.2025,
while returning from work, the informant allegedly saw his son
(since deceased) Rahul Kumar talking with his cousin Ayush
Kumar and two friends, namely Piyush Kumar (the present
petitioner) and another Rahul Kumar. It is further alleged that
after some time, Ayush Kumar came running to the informant
and stated that the petitioner was carrying a pistol at his waist
and that a scuffle had taken place between the deceased and the
Patna High Court CR. MISC. No.46806 of 2025(3) dt.02-02-2026
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said persons. The informant further claims to have heard the
sound of a gunshot and upon reaching the place of occurrence,
allegedly saw the petitioner Piyush Kumar and co-accused
Rahul Kumar holding a pistol. Thereafter, the informant
allegedly found his son lying dead at the spot.
4. The learned counsel for the petitioner has submitted
that none had seen the occurrence. Co-accused, Rahul Kumar, in
his confessional statement, has stated that while playing, the shot
was fired from the pistol accidentally and hit the deceased. So far
as the present petitioner is concerned, there is only allegation in
the FIR that he was seen fleeing away from the place of
occurrence. Co-accused, Rahul Kumar, who has confessed his
guilt, has been granted bail after taking the plea of juvenility.
5. On the other hand, the learned APP for the State
though opposed the prayer for bail, but fairly conceded that none
has seen the occurrence.
6. There is no allegation against the petitioner of
opening fire at the deceased and co-accused, Rahul Kumar has
been granted bail. The petitioner has been in custody since
03.02.2025.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
Patna High Court CR. MISC. No.46806 of 2025(3) dt.02-02-2026
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petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
District & Addl. Sessions Judge-I-cum-Special Judge NDPS Act,
and P.O. of Children Court, Begusarai in connection with
Phulwaria P.S. Case No. 15 of 2025, subject to the following
conditions that the petitioner shall cooperate in the disposal of
trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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