Patna High Court
Abhay Kumar @ Abhay Kumar GudduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that his role as a caretaker did not make him personally liable for the alleged offences.
Summary
Abhay Kumar, a caretaker/guard of Awadh Bihari Sanskrit College in Khagaria, was named in FIR No.18 of 2025 for alleged failure to deposit Rs.15,36,000 revenue and for land encroachment by the college, invoking multiple sections of the Bihar Negotiable Sale Act (BNS) and the Information Technology Act. He contended that he had no administrative authority over the college’s land matters and that the alleged encroachment was not in his personal capacity. The prosecution also alleged organized crime and defamation via social media, but the court noted the petitioner’s limited role and lack of personal benefit. The court examined whether the bail petition should be entertained given the nature of the accusations and the statutory provisions. Concluding that the petitioner was merely a guard and not responsible for the college’s decisions, the court granted bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The bail order was directed to be implemented by the Sessions Judge, Khagaria.
Issues considered
- Whether the petitioner, as a caretaker/guard, can be held liable for the alleged revenue default and land encroachment.
- Whether the allegations of organized crime and defamation justify denial of bail.
- Whether bail should be granted under Section 482(2) of the BNSS in view of the charges.
Legislation cited
- Information Technology Act — s. 67
Subjects
- bail
- criminal procedure
- caretaker liability
- land encroachment
- organized crime
- Section 482
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24054 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- Chitragupta Nagar District- Khagaria
======================================================
Abhay Kumar @ Abhay Kumar Guddu S/O Vijay Kumar Yadav Resident of
village- Khutia, P.S.- Mansi, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vikramadit, Advocate
For the Opposite Party/s : Mr.Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
8 07-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing
on behalf of the State.
2. D.M., Khagaria and S.P., Khagaria connected
virtually to assist this Court.
3. The accused/petitioner apprehending his arrest in
connection with Chitraguptanagar P.S. Case No. 18 of 2025
registered for the offences punishable under Sections 111(2)
(b), 111(3), 336(4), 308(2), 351, 234, 229(2), 356, 221,
352, 61(2), 3(5) of BNS and 67 I.T. Act.
4. As per FIR, the petitioner was caretaker/guard of
Awadh Bihari Sanskrit College, Khagaria and he was given
charge to collect revenue of the land in possession of college
and further to deposit the same with government authority. It
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is alleged that the revenue which is due for a sum of Rs.
15,36,000/-was not deposited by this petitioner. It is alleged
that about thousand acres of land was encroached by
aforesaid college.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner was not the responsible
for the affairs of the Awadh Bihari Sanskrit College as he was
just a guard/caretaker. It is submitted that even from FIR, it
appears that the principal of the college visited the land with
petitioner which was alleged to encroached by the college. It
is pointed out that not even a single piece of land was said to
be encroached by this petitioner in personal capacity. It is
further pointed out that as petitioner failed to deposit Rs.
15,36,000/- with revenue authority as he could not collect the
same, he was dismissed from the service.
6. Arguing further, it is submitted by learned
counsel that petitioner is named accused in one more criminal
case i.e. Muffasil P.S. Case No. 25/25 dated 10.02.2025,
except that no criminal case is pending against him, which is
duly mentioned in paragraph-3 of the present bail petition,
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and in view of same, the allegation of organized crime as
raised against petitioner appears not legally convincing as “for
continuing unlawful activity” more than one charge-sheet
must be filed before a competent court within a preceding
period of ten years and that court has taken cognizance of
such offence.
7. Learned APP while opposing the prayer of bail
submitted that this petitioner defame the informant of this
case for his official act by using social media platform.
However, learned APP conceded that this petitioner was
guard/caretaker of Awadh Bihari Sanskrit College, Khagaria.
8. In view of aforesaid factual submissions and by
taking note of fact as admittedly this petitioner was guard of
the college having no concerned with its administrative
decisions and the land alleged to be encroached was said to
be in possession of college, accordingly, above named
petitioner, in the event of his arrest or surrender before the
learned trial Court, within a period of four weeks of the order,
is directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
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amount each to the satisfaction of the learned Sessions
Judge, Khagaria/concerned Court, where the case is pending
in connection with Chitraguptanagar P.S. Case No. 18 of
2025 subject to the conditions as laid down under Section
482(2) of the BNSS.
9. The presence of D.M., Khagaria and S.P.,
Khagaria of this case are dispensed with, who appeared
virtually.
(Chandra Shekhar Jha, J)
veena/-
U T
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