Piyush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15632 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- MATIHANI District- Begusarai ====================================================== Piyush Kumar Son of Ramdev Ray Resident of Village- Kharidi, P.S.- Matihani, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey, Adv For the Opposite Party/s :
Mr.Mohammed Arif, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Matihani P.S Case No. 152 of 2024 registered for the offences punishable under Sections 109/3(5) of the BNS and also under Section 27 of the Arms Act.
3. As per allegation in the FIR, petitioner has shot fired upon the informant due to which he sustained injury on his shoulder.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner is named in the FIR with general and omnibus allegation and no incriminating has been found against
Patna High Court CR. MISC. No.15632 of 2025(4) dt.02-07-2025 2/2 the petitioner. He further submits that alleged occurrence took place on 28.11.2024 and FIR has been lodged on 29.11.2024. It is also submitted that petitioner is in judicial custody since 13.12.2024 having two criminal antecedent
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order dated 11.02.2025 and case-diary, it appears that no blood stain found on the place of occurrence which is evident from Paragraph 10 of the case diary neither cartridges were recovered and the allegation levelled against the petitioner is general and omnibus and considering the fact that the injury sustained by the injured is simple in nature and also considering the submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C, Begusarai in connection with Matihani P.S Case No. 152 of 2024. (Ramesh Chand Malviya, J) Sunnykr/- U