Patna High Court
Guddu Kumar @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail to the petitioner.
Summary
Guddu Kumar, the petitioner, was arrested in connection with a case registered under Sections 137(2), 140(3) and subsequently converted under Sections 108 and 318(4) of the Bihar Negotiable Instruments Act, alleging that he cheated the deceased Murari Kumar of Rs 90 lakhs, which the deceased’s brother claimed led to his suicide. The FIR recorded the death as a suicide and a suicide note, allegedly written by the deceased, implicated the petitioner for the alleged cheating. The petitioner, in custody since 1 March 2026, applied for regular bail. The court examined the suicide note, the alleged cheating, and the seriousness of the offences and concluded that bail could not be granted. Consequently, the bail application was dismissed, with the court noting that its observations were limited to the bail application and did not prejudice the trial’s merits.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of cheating amounting to Rs 90 lakhs that allegedly caused the deceased’s suicide
- Whether the existence of a suicide note implicating the petitioner affects the bail eligibility
Legislation cited
- Bihar Negotiable Instruments Act — s. 108, 137(2), 140(3), 318(4)
Subjects
- regular bail
- suicide
- cheating
- criminal law
- Bihar Negotiable Instruments Act
- section 137
- section 140
- section 108
- section 318
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21668 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Guddu Kumar @ Dharmendra Kumar Son of Arun Saw Resident of Village
-Durga Asthan Lakhisarai, Ward No 25, PS -Kabaiya Dist -Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh
For the Informant : Mr. Nilendu Kumar Chodhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the parties.
2. The petitioner seeks regular bail in connection
with Kabaiya P.S. Case No. 121 of 2025 registered for the
offence under Sections 137(2), 140(3) and converted under
Sections 108, 318(4) of the BNS.
3. As per the FIR, the deceased Murari Kumar has
left his house and subsequently, the dead body of the deceased
was found and it was found to be a case of suicide.
4. The petitioner is in custody since 3.1.2026.
5. Thereafter the police had not recovered the
suicide note which was produced by the brother of the deceased.
The handwriting of the suicide note was matched with the
admitted handwriting of the deceased and both are found to
Patna High Court CR. MISC. No.21668 of 2026(2) dt.07-04-2026
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have been written by the deceased. In the suicide note, it was
written by the deceased that because of the cheating of Rs. 90
lakhs by the petitioner, he is committing suicide.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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