Patna High Court
AMIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Amit Kumar, a student of Chandi Engineering College, was implicated in a protest that turned violent after the death of a hostel girl, with allegations of offences under several sections of the B.N.S. and the Prevention of Damage to Public Property Act, 1984. He applied for anticipatory bail, arguing that his name was falsely implicated and that no specific overt act was attributed to him. The State opposed the bail, citing the seriousness of the alleged offences. The Court noted the petitioner’s clean antecedent, his student status, and the grant of anticipatory bail to a similarly situated co‑accused in a related case. Accordingly, the Court ordered anticipatory bail under Section 438 of the CrPC, subject to conditions including a bail bond, sureties, and compliance with procedural requirements. The bail is to be surrendered within six weeks if arrested, and the petitioner must adhere to conditions regarding court appearances, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the B.N.S. and the Prevention of Damage to Public Property Act, 1984.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 127(2), 132, 189(3), 190, 191(1), 195(2), 324(2), 326(G)
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Prevention of Damage to Public Property Act, 1984 — s. 3, 4
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- public property damage
- student protest
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15569 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- CHANDI District- Nalanda
======================================================
AMIT KUMAR Son of Sri Vidya Bhushan @ Vidya Bhushan Sharma
Resident of Village and Post - Kab, P.S.- Rani Talab, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar, Adv.
For the Opposite Party/s : Ms.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard Mr. Praveen Kumar, learned counsel for the
petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Chandi P.S. Case No. 545 of 2025 dated 25.09.2025
registered for the offences punishable under Sections 190,
191(1), 189(3), 195(2), 126(2), 127(2), 115(2), 132, 324(2) and
326(G) of the B.N.S. and under Sections 3 and 4 of the
Prevention of Damage to Public Property Act, 1984.
3. The allegation against the petitioner is that he along
with 400 to 500 students had created ruckus after the death of
one girl who was living in hostel and had died after falling from
the terrace of the hostel. It is further alleged that the petitioner
and others were identified through the whatsapp messages and
30 students were named along with 100 of unnamed students.
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4. Learned counsel for the petitioner submits that
petitioner is a student of Chandi Engineering College. It has
been submitted that the name of the petitioner has falsely been
implicated merely on suspicion and no specific overt act has
been alleged against him. While the students in general were
protesting against the death of the said girl, some unscrupulous
persons had destroyed the vehicles and property of the college
and it was at the behest of the college that the petitioner's name
was given to the police, however, there is nothing on record to
suggest that the petitioner has participated in such arson. It has
further been submitted that similarly situated co-accused
persons, namely, Harshvardhan has been granted anticipatory
bail by the co-ordinate Bench of this Court vide Cr. Misc. No.
90578 of 2025 and the petitioner has got clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the submissions of the parties and
taking into account the fact that the petitioner is a student,
similarly situated person, as stated above, has been granted
privilege of anticipatory bail by the Co-ordinate Bench of this
Court and the petitioner has got clean antecedent, he is directed
to be released on anticipatory bail, in the event of arrest or
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surrender before the Court below within a period of six weeks
from today, on furnishing bail bond of Rs. 10,000/-(Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-1, Hilsa, Nalanda in
connection with Chandi P.S. Case No. 545 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
BNSS as well as subject to the following conditions:-
(i) one of the bailors should
be the family member/relative of the
petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall
appear on each and every date before
the Trial Court and failure to do so for
two consecutive dates without
plausible reason will entail
cancellation of his bail bond by the
Trial Court itself;
(iii) the petitioner(s) shall in
no way try to induce or promise or
threat the witnesses or tamper with the
evidences, failing which the State shall
be at liberty to take steps for
cancellation of the bail
(iv) the petitioner(s) shall
desist from committing any criminal
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offence again, failing which the State
shall be at liberty to take steps for
cancellation of his/her bail bonds.
(Ajit Kumar, J)
perwez
U T
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