Patna High Court
Anurag KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions.
Summary
Anurag Kumar, a student of Chandi Engineering College, applied for anticipatory bail after being implicated in a case (Chandi P.S. No.545 of 2025) concerning a protest that allegedly turned violent following a girl’s death. The prosecution alleged his participation in offences under multiple sections of the B.N.S. and the Damage to Public Property Act, while the petitioner contended that his name was falsely implicated and no specific overt act was attributed to him. The court examined the lack of concrete evidence linking him to the alleged arson and considered his clean antecedents. Relying on Section 438(2) of the CrPC and Section 482(2) of the B.N.S., the court held that anticipatory bail could be granted. Accordingly, the petitioner was released on anticipatory bail with a bond of Rs 10,000, two sureties, and several conditions regarding his presence in court and cooperation with the investigation.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted in view of the alleged offences.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail.
- Whether the petitioner’s alleged involvement is substantiated by specific evidence.
Legislation cited
- Bihar Negotiable Securities Act — s. 115(2), 126(2), 127(2), 132, 189(3), 190, 191(1), 195(2), 324(2), 326(G), 482(2)
- Criminal Procedure Code — s. 438(2)
- Damage to Public Property Act — s. 3, 4
Subjects
- anticipatory bail
- section 438 CrPC
- public disorder
- student protest
- Bihar criminal law
- damage to public property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17528 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Anurag Kumar S/o Samrendra Kumar Narayan Singh R/o Mohalla - Juran
Chapra, ward no. 4, P.S.- Brahmpura, Distt.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar, Advocate
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned Senior counsel for the petitioner and
learned A.P.P. 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 Damage
to Public Property Act.
3. The allegation against the petitioner is that he,
along with 400 to 500 students, created a ruckus following the
death of a girl who was residing in the hostel and reportedly fell
from the terrace. It is further alleged that the petitioner and
others were identified through WhatsApp messages, with 30
students named and an additional 100 students being unnamed.
Patna High Court CR. MISC. No.17528 of 2026(2) dt.24-04-2026
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4. The learned counsel for the petitioner submits that
the 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. It has further been submitted that on
account of such death of the girl, the father of the deceased had
lodged an F.I.R. against the principal and others, and since 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
participated in such arson. The petitioner claims clean
antecedents.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
Patna High Court CR. MISC. No.17528 of 2026(2) dt.24-04-2026
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with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court 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 will be a
close relative of the petitioner.
(ii) The petitioner shall remain
physically present before the concerned
Court on each and every date of the trial and
shall cooperate in the investigation.
(iii) In case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court
concerned.
(iv) The trial court 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 trial court shall take
necessary steps for cancellation of bail bond
of the petitioner. However, the acceptance of
bail bond in terms of the above-mentioned
order shall not be delayed for purpose of or
Patna High Court CR. MISC. No.17528 of 2026(2) dt.24-04-2026
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in the name of verification.
7. It is made clear that any observations made in this
order shall not have any bearing on the trial.
8. The application stands allowed.
(Sandeep Kumar, J)
tusharika/-
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