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Patna High Court

Piush Kumar @ Piyush KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C.

Summary

The petitioner, Piush Kumar, sought anticipatory bail in connection with a FIR (Maner P.S. Case No. 99 of 2025) alleging his involvement in an assault under multiple sections of the Bihar Negotiable Substances Act. The prosecution alleged that the petitioner threw the informant on the ground, while the primary assault was attributed to others. The petitioner argued he had no criminal antecedent and the assault allegation was not directly against him. The State opposed the bail, noting the petitioner’s alleged act of throwing the informant. Considering the lack of prior record and the limited allegation against the petitioner, the Court granted anticipatory bail with conditions under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code given the allegations in the FIR

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • assault
  • bail conditions
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74400 of 2025
                         Arising Out of PS. Case No.-99 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Piush Kumar @ Piyush Kumar S/o Arjun Kumar @ Arjun Ray R/o Village-
                 Bhagutola Beyapur, P.S.- Maner, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dayanand Singh, Advocate
                 For the Opposite Party/s :       Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   21-01-2026                  Heard Mr. Dayanand Singh, learned counsel for the

                   petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Maner P.S. Case No. 99 of 2025 for the offence

                   under sections 191(2), 126(2), 115(2), 109, 74, 303(2), 329(3),

                   324(2) and 351(2) of the BNS lodged on 09.02.2025 by the

                   informant, Shailesh Kumar

                                3. As per the prosecution story, the informant alleged

                   that armed variously, the accused persons entered the house and

                   allegation is that this petitioner and Arjun Kumar threw the

                   informant on the ground. Nirala Kumar wrapped a towel around

                   the neck and Arjun Kumar gave iron rod blow on the head. This

                   led to the FIR.

                                4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.74400 of 2025(3) dt.21-01-2026
                                            2/3




          perusal of the FIR would show that due to children fighting, the

          elders entered in the arena and this followed the case. So far as

          this petitioner is concerned, only allegation is that he threw the

          informant on the ground and similar such accused persons have

          been granted relief.

                       5. Learned APP opposes the prayer submitting that

          though allegation of assault is on Arjun Kumar, this petitioner

          threw the informant on the ground.

                       6. Taking into account the submissions of the parties

          as also that the petitioner do not have any criminal antecedent

          and the allegation of assault is not on him, in that background,

          this Court is inclined to extend him the privilege of anticipatory

          bail with conditions.

                       7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned ACJM, Danapur, Patna in connection

          with Maner P.S. Case No. 99 of 2025 subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official
          Patna High Court CR. MISC. No.74400 of 2025(3) dt.21-01-2026
                                                      3/3




                    document (Aadhaar Card/Voter I.D. Card/Driving License/Pan

                    Card) to show his/her bona fide;

                                 (ii) the petitioner shall appear on each and every date

                    before the Trial Court and failure to do so for two consecutive

                    dates without plausible reason will entail cancellation of his

                    bail bond by the Trial Court itself;

                                 (iii) the petitioner shall in no way try to induce or

                    promise or threat the witnesses or tamper with the evidences,

                    failing which the State shall be at liberty to take steps for

                    cancellation of the bail bonds;

                                 (iv) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at liberty

                    to take steps for cancellation of his bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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