Patna High Court
Abhishek Kumar @ Abhishekh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail, subject to verification that no student was deprived and the petitioner’s deposit of the amount, under the conditions of Section 482(2) of the BNSS.
Summary
The petitioner, Abhishek Kumar, a headmaster, was charged under Sections 316(4), 316(5) and 318(4) of the BNS for allegedly failing to deposit Rs 4,87,900 with the Bihar School Examination Board, which purportedly led to non‑issuance of admit cards during a student protest. The petitioner deposited the amount on 5 January 2026, a day before the FIR was lodged on 6 January 2026, and it was unclear whether any student was actually deprived of appearing for the 2026 examinations. He applied for pre‑arrest bail. The High Court, after noting the deposit and the lack of the full FIR record, directed the District Court to verify whether any student suffered deprivation and, if not, to release the petitioner on bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the BNSS. The bail order was conditioned on verification of facts. The application was disposed of with the bail direction.
Issues considered
- Whether pre‑arrest bail should be granted in a case alleging non‑deposit of funds to the examination board.
- Whether the petitioner’s deposit of the alleged amount negates the alleged offence under Sections 316(4), 316(5) and 318(4) of the BNS.
- Whether any student was actually deprived of appearing for the examination, a factual prerequisite for the offence.
- Whether the High Court may invoke Section 482(2) of the BNSS to condition bail on verification of facts.
Legislation cited
Subjects
- pre‑arrest bail
- education board
- non‑deposit of funds
- admit cards
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15036 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- Nehra District- Darbhanga
======================================================
Abhishek Kumar @ Abhishekh Kumar Son of Kapileshwar Yadav R/o Village
- Mansapur , P.S. - Phulparas, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sri Parmeshwar Yadav (BEO, Manigachi, Darbhanga) R/o village – Chatar,
P.S. Chandradeep, District – Jamui.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Ms.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 No one appears on behalf of the petitioner. Ms.
Suman Kumari Singh, learned APP has tendered her appearance
on behalf of the State.
2. The petitioner seeks pre-arrest bail in connection
with Nehra P.S. Case No. 02/2026 registered for the offence(s)
punishable under Sections 316(4), 316(5) and 318(4) of the
BNS.
3. As per the allegation made in the FIR, a sum of Rs.
4,87,900/- was not deposited with the Bihar School Examination
Board (BSEB) by the then In-Charge Headmaster (Petitioner),
and upon enquiry, the allegation against the petitioner was found
to be true.
4. Having perused the allegations made in the FIR, it
Patna High Court CR. MISC. No.15036 of 2026(2) dt.25-03-2026
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appears that the informant has alleged that during a protest by
students and parents at +2 Upgrade Middle School, Raghopur
Deodhi, it was found that a sum of Rs. 4,87,900/- had not been
deposited with the Bihar School Examination Board (BSEB) by
the then In-charge Headmaster (petitioner), due to which admit
cards were not issued to the students, and thereafter the Block
Education Officer, Manigachi, Darbhanga lodged the present
case. The FIR runs into altogether 34 pages, however, the entire
FIR has not been brought on record. Perusing the Annexure-2,
as well as, the impugned order, it further appears that the said
amount was deposited by the petitioner on 05.01.2026, whereas
the present case was lodged on 06.01.2026, and it is not clear as
to whether any student was actually deprived of appearing in the
examination for the year 2026. The learned District Court is
directed to verify the said fact and, after verification of the
aforesaid facts, if it is found that no student has been
deprived of appearing in the examination and considering
the fact that the said amount has been duly deposited by the
petitioner, the petitioner, above named, is directed to be
released on pre-arrest bail in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Patna High Court CR. MISC. No.15036 of 2026(2) dt.25-03-2026
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Thousand only) with two sureties of the like amount each to the
satisfaction of the learned District Court/concerned Court in
connection with Nehra P.S. Case No. 02/2026, subject to the
conditions laid down under Section 482(2) of the BNSS.
5. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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