Patna High Court
Ganesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
Ganesh Kumar, a student with no criminal record, was implicated in a case where a group of students allegedly demanded Rs.5,000 from a clinic staff and assaulted them when refused. He was charged under Sections 126(2), 115(2), 352, 351(2), 308(2) read with Section 3(5) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The petitioner claimed innocence, arguing that the allegations were vague and that he was merely at the clinic to obtain medicine. The State opposed his request for anticipatory bail, while a co‑accused had already been granted such bail. The Court, after considering the facts and submissions, 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.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 115(2), 126(2), 308(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- false implication
- student
- B.N.S.S.
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80134 of 2025
Arising Out of PS. Case No.-132 Year-2025 Thana- SITAMARHI District- Sitamarhi
======================================================
Ganesh Kumar, S/o Late Lakshmi Ram R/o Village- Ramnagra, P.S.- Riga,
Dist.- Sitamrhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the Opposite Party/s : Mr. Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sitamarhi P.S. Case No. 132 of 2025, instituted under
Sections 126(2), 115(2), 352, 351(2), 308(2) r/w Section 3(5) of
the B.N.S.
3. As per the prosecution case, on the date of
occurrence, 20 students of Ambedkar Kalyan Hostel including
the petitioner along with F.I.R. named accused persons came at
the clinic of the informant and demanded Rs. 5000/- from the
staff. On refusal, accused persons assaulted the staff. With the
help of CCTV footage, they were identified.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Allegation against the petitioner is general and omnibus.
Patna High Court CR. MISC. No.80134 of 2025(2) dt.07-01-2026
2/2
Petitioner is a student and making preparation of general
competitive exams. He had gone to get medicine from the clinic
of the informant. Petitioner has no criminal antecedent. He
undertakes to co-operate in the investigation and trial. Similarly
situated co-accused, namely, Umakant Kumar has already been
granted anticipatory bail by a Co-ordinate Bench of this Court,
vide order dated 08.09.2025 passed in Cr. Misc. No. 55872 of
2025.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Sitamarhi in connection with Sitamarhi P.S. Case No.
132 of 2025, subject to the conditions laid down in Section 482
(2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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