Piyush Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Piyush Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted: petitioner to be released on bail in the event of arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-II, Patna City, in connection with Fatuha P.S. Case No. 632/2024, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioner, named in Fatuha P.S. Case No. 632/2024 for offences under Sections 126, 115(2), 109, 74, 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act, is entitled to pre-arrest bail.

Court's answer

Considering the nature of the allegations in the FIR and the fact that no specific allegation has been made against the petitioner, who is having clean antecedents, the petitioner has prima facie made out a case to be released on pre-arrest bail.

Ratio / Principle

The petitioner is directed to be released on pre-arrest bail in the event of his arrest or surrender before the Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-II, Patna City, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Pre-arrest bail — Anticipatory bail — Petitioner arraigned in Fatuha P.S. Case No. 632/2024 (Dist. Patna) for offences under Sections 126, 115(2), 109, 74, 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act — FIR alleged that petitioner, with co-accused Sonu Kumar and 13 unknown persons, came to the informant's house, opened fire, assaulted the informant's son and misbehaved with female members — Held: considering the nature of the allegations and that no specific allegation was made against the petitioner, who has clean antecedents, a prima facie case for pre-arrest bail was made out — Bail granted: release upon arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two like sureties to learned A.C.J.M.-II, Patna City, subject to Section 438(2) Cr.P.C. conditions (Purnendu Singh, J., 12-02-2025).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3779 of 2025

Arising Out of PS. Case No.-632 Year-2024 Thana- FATUA District- Patna

======================================================

Piyush Kumar S/o- Navin Kumar, Resident of Village - Bankipur Gorakh, P.S. Fatuha, District- Patna

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vijay Anand, Advocate For the Opposite Party/s : Mr.Amitesh Kumar, APP ======================================================

2 12-02-2025

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER Heard Mr. Vijay Anand, learned counsel appearing

on behalf of the petitioner and Mr. Amitesh Kumar, learned APP for the State.

The petitioner seeks pre-arrest bail in connection with Fatuha P.S. Case No. 632/2024 registered for the offence(s) punishable under Sections 126, 115(2), 109, 74, 352, 351(2), 3(5) of the BNS and Section 27 of the Arms Act.

As per the allegation made in the FIR, the petitioner along with one co-accused, namely, Sonu Kumar along with 13 unknown persons came to the house of the informant and thereafter they opened fire and also assaulted the son of the informant. Further allegation is that the accused persons used to misbehave with the female members.

Learned counsel appearing on behalf of the petitioner submitted that due to enmity the petitioner, who is age

Patna High Court CR. MISC. No.3779 of 2025(2) dt.12-02-2025 2/2

about 19 years, has been roped in the present case on the basis of false allegation. There is case and counter case between the parties. The allegation against the petitioner is general and omnibus. Petitioner has clean antecedent.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the nature of allegation made in the FIR, as well, as the fact that no specific allegation has been made against the petitioner, who is having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- II, Patna City in connection with Fatuha P.S. Case No. 632/2024 , subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J)

Sanjay/-

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