Patna High Court
Piush Kumar @ Piyush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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