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2026 DAILYLAW 9155 (PAT)

Abhishek Kumar @ Abhishekh Kumar v. The State of Bihar

CR. MISC./15036/2026 · 2026-03-25

Purnendu Singh

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15036 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- Nehra District- Darbhanga ====================================================== Abhishek Kumar @ Abhishekh Kumar Son of Kapileshwar Yadav R/o Village - Mansapur , P.S. - Phulparas, District - Madhubani. ... ... Petitioner/s Versus 1. The State of Bihar 2. Sri Parmeshwar Yadav (BEO, Manigachi, Darbhanga) R/o village – Chatar, P.S. Chandradeep, District – Jamui. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Ms.Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 2 25-03-2026 No one appears on behalf of the petitioner. Ms. Suman Kumari Singh, learned APP has tendered her appearance on behalf of the State. 2. The petitioner seeks pre-arrest bail in connection with Nehra P.S. Case No. 02/2026 registered for the offence(s) punishable under Sections 316(4), 316(5) and 318(4) of the BNS. 3. As per the allegation made in the FIR, a sum of Rs. 4,87,900/- was not deposited with the Bihar School Examination Board (BSEB) by the then In-Charge Headmaster (Petitioner), and upon enquiry, the allegation against the petitioner was found to be true. 4. Having perused the allegations made in the FIR, it Patna High Court CR. MISC. No.15036 of 2026(2) dt.25-03-2026 2/3 appears that the informant has alleged that during a protest by students and parents at +2 Upgrade Middle School, Raghopur Deodhi, it was found that a sum of Rs. 4,87,900/- had not been deposited with the Bihar School Examination Board (BSEB) by the then In-charge Headmaster (petitioner), due to which admit cards were not issued to the students, and thereafter the Block Education Officer, Manigachi, Darbhanga lodged the present case. The FIR runs into altogether 34 pages, however, the entire FIR has not been brought on record. Perusing the Annexure-2, as well as, the impugned order, it further appears that the said amount was deposited by the petitioner on 05.01.2026, whereas the present case was lodged on 06.01.2026, and it is not clear as to whether any student was actually deprived of appearing in the examination for the year 2026. The learned District Court is directed to verify the said fact and, after verification of the aforesaid facts, if it is found that no student has been deprived of appearing in the examination and considering the fact that the said amount has been duly deposited by the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Patna High Court CR. MISC. No.15036 of 2026(2) dt.25-03-2026 3/3 Thousand only) with two sureties of the like amount each to the satisfaction of the learned District Court/concerned Court in connection with Nehra P.S. Case No. 02/2026, subject to the conditions laid down under Section 482(2) of the BNSS. 5. Accordingly, the present application stands disposed of. Ashishsingh/- (Purnendu Singh, J) U T