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Patna High Court

Piyush KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court denied bail, holding that no fresh ground existed to merit its grant on the second application.

Summary

The petitioner, Piyush Kumar, was arrested in connection with PS 209 of 2024 for offences under IPC sections 147, 148, 149, 341, 323 and 307 and Section 27 of the Arms Act. He filed a regular bail application which was rejected on 14 May 2025, and he has remained in custody since 6 June 2024. On 9 January 2026 he made a second regular bail application seeking release. The Court examined the material, including the earlier order dated 26 November 2024, and held that there was no fresh ground or change in circumstances to merit bail. Accordingly, the Court upheld the earlier rejection and denied bail. The order was delivered by Justice Ramesh Chand Malviya.

Issues considered

  • Whether the petitioner is entitled to regular bail on the second application
  • Whether any fresh ground or change in circumstances exists to justify bail despite serious offences

Legislation cited

Subjects

  • bail
  • regular bail
  • IPC
  • Arms Act
  • criminal procedure
  • second bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90427 of 2025
                      Arising Out of PS. Case No.-209 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Piyush Kumar S/o- Late Surendra Singh @ Late Surendra Prasad Singh R/v-
                 Hariao Ps- Bihpur Present Ps- Jandapur Dist- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mahesh Kumar, Adv
                 For the Opposite Party/s :       Mr.Bharat Bhushan, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   09-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail on connection with Sabaur

                   P.S. Case No. 209 of 2024 instituted for the offences punishable

                   under Sections 147, 148, 149, 341, 323 and 307 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                3. This is second attempt of regular bail of the

                   petitioner. Earlier the bail application of the petitioner was

                   rejected vide order dated 14.05.2025 in Cr. Misc. No. 11434 of

                   2025 and the petitioner is in custody since 06.06.2024.

                                4. On perusal of materials available on record and the

                   impugned order dated 26.11.2024 and the submission of the

                   learned counsel for the petitioner, there is no fresh ground for
            Patna High Court CR. MISC. No.90427 of 2025(2) dt.09-01-2026
                                                        2/2




                      considering the second regular bail application of the petitioner.

                                   5. Accordingly, the regular bail application of the

                      petitioner is hereby again rejected.



                                                      (Ramesh Chand Malviya, J)
Sunnykr/-

U


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