Piyush Kumar @ Piyush Bashisth v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41539 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- NTPC District- Patna ====================================================== Piyush Kumar @ Piyush Bashisth S/o- Pankaj Kumar R/o Village- Raily P.SNTPC Barh, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with NTPC P.S. Case No. 115/2024, registered for the offence under Sections 137(2), 140(3) of the BNS and later on Sections 103(1), 238, 3(5) of the BNS was added (363, 365, 302, 201, 34 of the IPC).

3. The accused/petitioner is not named in the F.I.R. and is in custody since 06.01.2025.

4. As per FIR, the son of the informant aged about 19 years, namely, Prince Kumar was missing since 24.09.2024. When the informant failed to gather any information regarding his missing son, the present FIR was lodged on 26.09.2024 against unknown persons. The dead body of son of the informant was recovered on 05.10.2024 from river Ganga.

5. Learned Counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.41539 of 2025(2) dt.19-08-2025 2/3 submitted that the name of the petitioner transpired on the basis of confessional statement of co-accused Rajhans Kumar, in furtherance of which, no incriminating material recovered/surfaced during investigation, as to connect petitioner prima facie with present occurrence of kidnapping and murder. It is submitted that said co-accused Rajhans Kumar has already granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 84190 of 2024 dated 06.02.2025 and, therefore, taking note of judicial parity, this petitioner also deserves bail. It is submitted that Petitioner found involved in one more criminal case, where he is on bail and, moreover investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused prima facie nothing appears incriminating during investigation as to connect petitioner prima facie with the present occurrence of kidnapping and murder, coupled with fact that investigation is already completed, where petitioner remains in custody since 06.01.2025, accordingly, petitioner above named, is directed to be released on bail in

Patna High Court CR. MISC. No.41539 of 2025(2) dt.19-08-2025 3/3 connection with NTPC P.S. Case No. 115/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Barh, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T