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Patna High Court

Abhishek Kumar @ Abhishekh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

  • BNS — s. 316(4), 316(5), 318(4)
  • BNSS — s. 482(2)

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
                                            2/3




          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
                                                       3/3




                     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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