Patna High Court
Ajay Kumar @ Ajay PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner under Section 482(2) of the B.N.S.S. 2023.
Summary
Ajay Kumar, a school teacher, was arrested in connection with an anti‑public safety case alleging sexual misconduct and abusive language, filed under several sections of the Bihar Narcotic Substances Act, 2023 and Section 12 of the POCSO Act. The petitioner contended that the allegations were false and retaliatory, noting that he had earlier lodged an FIR against the complainants on the same day, which he claimed prompted the subsequent FIR against him. The investigating officer’s supervisory note concluded that the allegations were unsubstantiated. Relying on the prior FIR and the police finding, the court considered the merits of granting anticipatory bail. Justice Anil Kumar Sinha ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail is warranted in view of the alleged false FIR against the petitioner.
- Whether the allegations under the B.N.S.S. 2023 and POCSO Act are maintainable given the police supervisory note.
- Whether Section 482(2) of the B.N.S.S. 2023 empowers the court to grant anticipatory bail in such circumstances.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 126(2), 3(5), 351(2), 352, 482(2), 74
- Protection of Children from Sexual Offences (POCSO) Act — s. 12
Subjects
- anticipatory bail
- false FIR
- POCSO Act
- Section 482
- Bihar Narcotic Substances Act
- criminal procedure
- teacher
- sexual misconduct allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74272 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- ANTI District- Gaya
======================================================
Ajay Kumar @ Ajay Prasad S/o Kishon Prasad @ Kishori Prasad R/o Village
- Bana Bigha, P.S - Aati, District - Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Jubair Alam S/o Late Md. Kasim R/o Village - Jamalpur, P.S - Aati,
District - Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rabindra Kumar
For the Opposite Party/state: Mr.Nirmal Kumar Sinha
For the Opposite Party No.2: None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 04-05-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Anti P.S. Case No. 35 of 2025 dated 09.03.2025 registered
under Section 126(2), 74, 352, 351(2), 3(5) of the B.N.S., 2023
and Section 12 of the POCSO Act.
3. As per the F.I.R. on 08.03.2025 the informant’s
daughter informed him that the petitioner, who is a teacher in
her school, uses abusive language in the class room and also
touches her inappropriately. It has further been alleged that on
08.03.2025 the victim along with others were misbehaved and a
video was made viral on whatsapp. The petitioner wants to spoil
communal atmosphere and creates discrimination between two
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communities.
4. Learned counsel for the petitioner submits that
petitioner is an aged teacher and has falsely been implicated in
this case on account of the fact that on 08.03.2025 the petitioner
has lodged an F.I.R. against the informant and others stating
therein that on 08.03.2025 at about 15:40 hours while he was
sitting in his school verandah after completing his class in
Jamalpur Madhya Vidyalaya at that time some 8-9 persons
including the informant came to the school verandah and all of
them together asked the petitioner that why he made a video of
today’s prayer, everyone started abusing the petitioner and
threatened to kill him. They also torn the shirt of the petitioner.
The petitioner lodged Anti P.S. Case No. 33 of 2025 on
08.03.2025 itself. That after the petitioner lodged the F.I.R. on
08.03.2025 the present F.I.R. has been lodged on 09.03.2025
against the petitioner on a false and concocted story as a counter
blast to the F.I.R. lodged by him. The petitioner has not
committed any offence in the manner alleged. During course of
investigation higher Police Officer in his supervision note in
paragraph no. 62 has come to the conclusion that the present
case lodged against the petitioner has not been found true.
5. No one appears for the opposite party no. 2 despite
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service of notice.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that F.I.R. lodged by
the petitioner is prior in time and the finding arrived at by the
police authority in his supervision note, I am inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, 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) with
two sureties of the like amount each to the satisfaction of
learned court of Exclusive Special Judge POCSO cum District
& Additional Sessions Judge VII, Gaya Ji in connection with
Anti P.S. Case No. 35 of 2025 subject to the condition as laid
down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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