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Patna High Court

AMIT KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.15569 of 2026(2) dt.12-03-2026
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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
Patna High Court CR. MISC. No.15569 of 2026(2) dt.12-03-2026
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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
             Patna High Court CR. MISC. No.15569 of 2026(2) dt.12-03-2026
                                                         4/4




                                                       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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