Created by Fuzzy Cloud

Patna High Court

PIYUSH KUMARversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioners are entitled to anticipatory bail subject to the conditions prescribed under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners—Piyush Kumar, his wife Neha Devi, and Satya Narayan Yadav—filed an anticipatory bail application fearing arrest in a criminal case (Kanaria P.S. Case No. 43 of 2025) that alleges offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleges that the petitioners, along with other accused, assaulted an informant’s husband, attempted to outrage the informant’s modesty, injured the informant with a pistol, assaulted the informant’s mother‑in‑law and stole jewellery. The petitioners contend they are falsely implicated, have no criminal antecedent, and the dispute stems from a family partition issue. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs. 10,000 each, two sureties, and compliance with conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. despite the seriousness of the alleged offences.
  • Whether the petitioners are likely to abscond, tamper with evidence, or influence witnesses.
  • Whether the allegations against the petitioners are false and arise from a family dispute.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • Section 482
  • false implication
  • assault
  • family partition dispute
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87483 of 2025
                         Arising Out of PS. Case No.-43 Year-2025 Thana- Kanaria District- Saharsa
                 ======================================================
           1.     Piyush Kumar Son of Late Chandeshwari Yadav Resident of Village
                  Kathdumar, Tola Ijraha, Ward No.- 1, P.S.- Kanaria, District - Saharsa.
           2.    Neha Devi Wife of Piyush Kumar Resident of Village Kathdumar, Tola
                 Ijraha, Ward No.- 1, P.S.- Kanaria, District - Saharsa.
           3.    Satya Narayan Yadav Son of Dhyani Yadav Resident of Village Kathdumar,
                 Tola Ijraha, Ward No.- 1, P.S.- Kanaria, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Diwakar Prasad Singh, Advocate
                 For the Opposite Party/s :         Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Kanaria P.S. Case No. 43 of 2025, instituted under Sections

                   126(2), 115(2), 118(1), 303(2), 76, 109, 308(2), 3(5) of the

                   B.N.S.

                                3. As per the prosecution case, on the date of

                   occurrence when the informant was constructing house on her

                   land, F.I.R. named accused persons including the petitioners

                   armed with weapon came and objected to construct the house

                   and demanded Rs. 1 lakh. On protest, accused persons assaulted
Patna High Court CR. MISC. No.87483 of 2025(2) dt.12-01-2026
                                            2/3




          the husband of informant causing injury on his hand. Accused

          persons Piyush Kumar, Raben Yadav and Vimal Yadav tried to

          outrage the modesty of informant. Accused Satya Narayan

          Yadav assaulted the informant with the butt of pistol causing

          head injury. The accused persons also assaulted the mother-in-

          law of the informant. They snatched Mangalsutra of the

          informant worth Rs. 90,000/-.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case. There is specific allegation against the co-accused Subodh

          Kumar that he assaulted the husband of informant with Farsa

          and the said Subodh Kumar is not the petitioner. Injury to the

          injured are simple in nature caused by sharp object. Both the

          parties are agnates and there is dispute of partition in the family.

          There is case and counter case between the parties. Petitioners

          have no criminal antecedent. Petitioners undertake to co-operate

          in the investigation and trial.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case and submission of learned counsel for the parties, in the

          event of arrest or surrender before the Court below within six
              Patna High Court CR. MISC. No.87483 of 2025(2) dt.12-01-2026
                                                          3/3




                        weeks from today, the petitioners be released on bail upon

                        furnishing bail bonds of Rs. 10,000/- (ten thousand) each with

                        two sureties of the like amount each to the satisfaction of

                        learned Judicial Magistrate 1st Class, Saharsa in connection with

                        Kanaria P.S. Case No. 43 of 2025, subject to the conditions laid

                        down in Section 482 (2) of the Bharatiya Nagrik Suraksha

                        Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.