Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4524 of 2026 Arising Out of PS. Case No.-545 Year-2025 Thana- CHANDI District- Nalanda ====================================================== Abhishek Kumar S/O Ramakant Prasad R/O Vill.- Aima Chouki, ward no. 2, P.O.- Aima Chouki, P.S.- Khijarsrai, Dist.- Gaya Bihar- 824233 ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafizuzzoha, Advocate Mr. Shabina Talat, Advocate Mr. Negha Kumari, Advocate Mr. Sonesh Kumar, av For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-02-2026 Heard learned 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
2/4 others were identified through WhatsApp messages, with 30 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
3/4 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 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
4/4 bail bond in terms of the above-mentioned 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