Patna High Court
PIYUSH KUMARversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 308(2), 3(5), 482(2), 76
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
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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
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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
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