Piyush Kumar @ Piyush Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40508 of 2025 Arising Out of PS. Case No.-133 Year-2025 Thana- BHAGWAN BAZAR District- Saran ====================================================== Piyush kumar @ Piyush Kumar Singh S/o Vijay Singh Resident of Ram Lila Mathiya, Daroga Rai Chowk, P.S.- Bhagwan Bazar, District-saran, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-07-2025 Heard Mr. Abhijeet Abhigyan, learned counsel for the petitioner and Mr. Murli Dhar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bhagwan Bazar P.S.Case No.133 of 2025, FIR dated 12.03.2025 registered for the offences punishable under Section 309(4) of the B.N.S., 2023.

3. As per the prosecution case, it is alleged that on 12.03.2025, the petitioner along with his three companions came at the milk parlor and forcibly took out Rs.12,000/- (Rupees Twelve Thousand) on the point of pistol.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the

Patna High Court CR. MISC. No.40508 of 2025(2) dt.03-07-2025 2/3 petitioner has not committed any offence, as alleged in the FIR. Due to some petty dispute, the present occurrence took place and the informant has filed the false case against the petitioner, thereafter, both the parties had filed the compromise petition before the learned Trial Court and the informant has also signed in the compromise petition.

5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that from a bare perusal of the FIR, it appears that there is direct and specific allegation against the petitioner in the FIR. Apart from that, the petitioner has one criminal antecedent, but fairly submits that the petitioner is on bail in the pending matter.

6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Saran at Chapra in connection with Bhagawan Bazar P.S.Case No.133 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/under Section 482(2)

Patna High Court CR. MISC. No.40508 of 2025(2) dt.03-07-2025 3/3 of the B.N.S.S., 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(II) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) anand/- U T