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Patna High Court

Abhay Kumar @ Abhay Kumar GudduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.24054 of 2025(8) dt.07-01-2026
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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,
Patna High Court CR. MISC. No.24054 of 2025(8) dt.07-01-2026
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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
              Patna High Court CR. MISC. No.24054 of 2025(8) dt.07-01-2026
                                                          4/4




                        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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