Patna High Court
Anand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for anticipatory bail, granting it subject to prescribed conditions.
Summary
Anand Kumar, a student of Chandi Engineering College, applied for anticipatory bail after being implicated in a protest that turned violent following the death of a girl in a hostel. He was alleged to have participated in a ruckus with 400‑500 students and in the destruction of college property, leading to charges under multiple sections of the Bihar Negotiable (BNSS) and the Damage to Public Property Act. The petitioner contended that his name was falsely implicated, no specific overt act was alleged against him, and he has a clean antecedent. The State opposed the bail, citing the seriousness of the offences. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438 of the CrPC and Section 482 of the BNSS, including a bail bond and sureties, and ordered the petitioner to cooperate with the investigation and appear at trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure in view of the alleged offences under the BNSS and the Damage to Public Property Act.
- Whether the allegations against the petitioner constitute sufficient grounds to deny bail.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 127(2), 132, 189(3), 190, 191(1), 195(2), 324(2), 326(G), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- public order offences
- student protest
- false implication
- damage to public property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.839 of 2026
Arising Out of PS. Case No.-545 Year-2025 Thana- CHANDI District- Nalanda
======================================================
Anand Kumar S/o Lawkesh Prasad Singh @ Lokesh Prasad Singh Resident of
Behind Sadar Hsopital, Chondi, Barh, Ward No. 07, P.O. and P.S.- Barh,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Advocate
Mr. Vijay Anand
For the Opposite Party/s : Mr. Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard learned Senior 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
Patna High Court CR. MISC. No.839 of 2026(2) dt.24-02-2026
2/4
students named and an additional 100 students being unnamed.
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
Patna High Court CR. MISC. No.839 of 2026(2) dt.24-02-2026
3/4
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
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
Patna High Court CR. MISC. No.839 of 2026(2) dt.24-02-2026
4/4
order shall not be delayed for purpose of or
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
Checking your session…