Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The High Court allowed the petition and granted anticipatory bail with conditions, exercising its inherent powers under Section 482(2) of the B.N.S.S 2023.
Summary
The petitioner, a student named Bipin Kumar, applied for anticipatory bail in a case registered in 2017 for offences under Sections 341, 323, 353 and 504/34 of the IPC, alleging that he was falsely implicated in an altercation over BCA results. He claimed innocence, asserted that he had not previously sought bail, and argued that his academic career would suffer if he were detained. The State opposed the bail, highlighting the petitioner’s two prior criminal antecedents. The High Court, after considering the facts and the petitioner’s lack of prior bail applications, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S 2023, including cancellation of bail if undisclosed antecedents are discovered. The order directs the petitioner to surrender within eight weeks if arrested, and imposes further conditions regarding false statements about previous bail petitions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the inherent powers of the High Court (Section 482) and the provisions of the CrPC.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
- Whether the petitioner’s claim of non‑filing of any earlier bail petition is credible.
Legislation cited
- B.N.S.S., 2023 — s. 2
- Code of Criminal Procedure, 1973 — s. 438, 482
- Indian Penal Code — s. 323, 341, 353, 504/34
Subjects
- anticipatory bail
- bail conditions
- inherent powers of High Court
- Section 482
- Section 438
- Indian Penal Code
- criminal antecedents
- student rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76971 of 2025
Arising Out of PS. Case No.-210 Year-2017 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Bipin Kumar S/O Mohar Manjhi Roll No. 130114044, Resident of Village-
Sihoriya, P.S.- Baniyapur, District- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad, Advocate
For the State : Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Chhapra Mufassil P.S. Case No. 210 of 2017,
dated 22.07.2017 registered for the offences punishable under
Sections 341, 323, 353, 504/34 of the Indian Penal Code.
3. As per allegation, the petitioner and other co-
accused entered into the office of the informant/Co-ordinator of
J.P. University, Chhapra and started arguing in regard to BCA
result and used indecent language and even assaulted on his
head.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that as a matter of fact, the petitioner
Patna High Court CR. MISC. No.76971 of 2025(3) dt.24-02-2026
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went to the office of the informant regard to the BCA result and
there was no indecent behavior made by the petitioner and other
co-accused and they wanted the result of BCA which has not
been declared yet. Hence, the career of the student was getting
spoiled. He further submits that the petitioner is a student and if
the petitioner does not get anticipatory bail, his career may get
spoiled.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has two criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
Patna High Court CR. MISC. No.76971 of 2025(3) dt.24-02-2026
3/3
with Chhapra Mufassil P.S. Case No. 210 of 2017, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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