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Patna High Court

Ganesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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