Patna High Court

Piyush KumarversusThe State Of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that, in the absence of specific incriminating material against the petitioner and given his clean record and the custody already endured, bail should be granted.

Summary

Piyush Kumar was arrested in connection with a violent incident in which the informant's family was attacked and the informant's son was shot, allegedly by co‑accused Gautam Kumar. The petitioner claims he was falsely implicated, noting that no incriminating material was found in his possession and that the charge‑sheet makes only general, omnibus allegations against him. He has been in custody since 24 July 2025, has no prior criminal record, and a co‑accused has already been granted regular bail. The State and the informant opposed the bail application. Considering the lack of specific evidence, the petitioner’s clean antecedents, and the period of custody already served, the court decided to grant bail on a bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, 1959

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 190, 191(2), 191(3)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act
custody
innocence claim
court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82667 of 2025
                      Arising Out of PS. Case No.-43 Year-2025 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Piyush Kumar S/O Karu Singh Resident Of Village- Lodipur, Mansurpur, P.s.-
                 Khushrupur, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivjee Singh, Advocate
                 For the Opposite Party/s :      Mr. Chandra Bhushan Prasad, APP
                 For the Informant        :      Mr. Bishwa Bijay Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State, learned counsel for the informant and perused

                   the case diary.

                                2. The petitioner seeks bail in connection with

                   Khushrupur P.S. Case No. 43 of 2025, instituted for the offences

                   punishable under Sections 191(2), 191(3), 190, 103(1), 115(2)

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

                   Arms Act.

                                3. The prosecution case, in short, is that informant’s

                   family was attacked at their home by FIR named accused with

                   deadly weapons, and his son Amol Kumar was shot by co-

                   accused Gautam Kumar. Amol sustained gunshot injury and

                   died on the way to NMCH during treatment.
Patna High Court CR. MISC. No.82667 of 2025(3) dt.09-02-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case. No

          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that no specific allegation has been attributed

          against the petitioner rather the same is general and omnibus in

          nature. It is next submitted that specific allegation of firing is

          against co-accused, namely, Gautam Kumar. The petitioner is in

          custody since 24.07.2025 and has got no criminal antecedent.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted regular bail by Court vide order dated

          31.07.2025 passed in Cr. Misc. No. 49359 of 2025.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.82667 of 2025(3) dt.09-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Khushrupur P.S.

                       Case No. 43 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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