Patna High Court
Himanshu Kashyap @ Deeplal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Himanshu Kashyap, was arrested on 2 January 2026 in connection with FIR No. 714 of 2025 alleging that the son of an informant committed suicide due to harassment by the petitioner. The FIR, registered under Section 108 of the B.N.S., 2023, cited a suicide note blaming the petitioner. The petitioner pleaded clean antecedents and claimed the allegations were fabricated, seeking bail. The State opposed the bail application. The High Court, after considering the clean antecedent and the nature of the offence, granted bail on a Rs.10,000 bond with two sureties, imposing conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail under Section 108 of the B.N.S., 2023 given the allegations of harassment leading to suicide.
- Whether the clean antecedent of the petitioner warrants bail despite the seriousness of the accusation.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- B.N.S., 2023 — s. 108
Subjects
- bail
- Section 108
- suicide note
- false implication
- clean antecedent
- Criminal Procedure Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19508 of 2026
Arising Out of PS. Case No.-714 Year-2025 Thana- RAJENDRA NAGAR (T) RAIL P.S.
District- Patna
======================================================
Himanshu Kashyap @ Deeplal Kumar Son of Kirani Sah Resident Of Village-
Ward No 4, Kadhaan, Huseni, P.s. -Keshariya, District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisuzzoha, Advocate
For the State : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Nafisuzzoha, learned counsel for the
petitioner and Mr. Harendra Prasad, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
02.01.2026, in connection with Rajendra Nagar Patna GRP P.S.
Case No. 714 of 2025, F.I.R. dated 07.10.2025 registered for
the offences punishable under Section 108 of the B.N.S., 2023.
3. Allegation against the petitioner is that the son of
the informant has committed suicide due to harassment of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.19508 of 2026(2) dt.31-03-2026
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petitioner has not committed any offence as alleged in the F.I.R.
As per allegation in the F.I.R. against the petitioner that due to
harassment of the petitioner, the son of the informant has
committed suicide and it has come during investigation that the
suicide notes were found from the pocket of the deceased in
which it has been stated that he has committed suicide due to
harassment and torture of the petitioner and the petitioner is in
custody since 02.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
case is under Section 108 of B.N.S., 2023, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Railway Judicial
Magistrate, Patna in connection with Rajendra Nagar Patna GRP
P.S. Case No. 714 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.19508 of 2026(2) dt.31-03-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below 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 court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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