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Patna High Court

Sagar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

The petitioner, Sagar Kumar, a student of Chandi Engineering College, was implicated in a case (PS No. 545 of 2025) arising from a protest following the death of a girl in the college hostel. The prosecution alleged that he, along with hundreds of students, created a ruckus and was involved in offences punishable under several sections of the B.N.S. and the Damage to Public Property Act, including arson and rioting. The petitioner contended that his name was falsely implicated, that no specific overt act was attributed to him, and that he has a clean antecedent. He applied for anticipatory bail under Section 438 of the CrPC. The High Court, after considering the submissions, granted anticipatory bail subject to conditions such as furnishing a bail bond, sureties, personal appearance at trial, and verification of antecedents. The order clarified that the bail does not affect the trial and any observations are without prejudice.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S. and the Damage to Public Property Act
  • Whether the material on record establishes a prima facie case sufficient to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • public disorder
  • student protest
  • bail conditions
  • Criminal Procedure Code
  • Damage to Public Property Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.731 of 2026
                       Arising Out of PS. Case No.-545 Year-2025 Thana- CHANDI District- Nalanda
                 ======================================================
                 Sagar Kumar Son of Raj kumar Ray Resident Of Village- chandi Engineering
                 College,chandi, P S -Chandi Distt -Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kishore Bharti
                 For the Opposite Party/s :       Mr. Raj Kishor Singh
                 ======================================================
                 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

                   others were identified through WhatsApp messages, with 30

                   students named and an additional 100 students being unnamed.
Patna High Court CR. MISC. No.731 of 2026(2) dt.24-02-2026
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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.731 of 2026(2) dt.24-02-2026
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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.731 of 2026(2) dt.24-02-2026
                                                        4/4




                                              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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