Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
The petitioner, Abhishek Kumar, a student of Chandi Engineering College, was implicated in a case (Chandi P.S. Case No. 545 of 2025) alleging that he participated in a ruckus and property damage following the death of a girl in a hostel. He faced charges under multiple sections of the Bihar Negotiable Sale Act (BNSS) and the Damage to Public Property Act. The petitioner contended that his name was falsely implicated, that no specific overt act was alleged against him, and that he had a clean antecedent. The State opposed his anticipatory bail application. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, imposing conditions such as a bail bond, sureties, personal presence at trial, and verification of antecedents. The order clarified that the bail grant does not affect the trial proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under BNSS and the Damage to Public Property Act.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail under Section 438 CrPC.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- public order offences
- student protest
- false implication
- bail conditions
- Criminal Procedure Code
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4524 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Abhishek Kumar S/O Ramakant Prasad R/O Vill.- Aima Chouki, ward no. 2,
P.O.- Aima Chouki, P.S.- Khijarsrai, Dist.- Gaya Bihar- 824233
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafizuzzoha, Advocate
Mr. Shabina Talat, Advocate
Mr. Negha Kumari, Advocate
Mr. Sonesh Kumar, av
For the Opposite Party/s : Mr. Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard learned 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
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others were identified through WhatsApp messages, with 30
students named and an additional 100 students being unnamed.
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
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Court below within a period of four 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 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
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bail bond in terms of the above-mentioned
order shall not be delayed for purpose of or
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)
Shishir/-
U T
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