Patna High Court
Vishwjeet Kumar @ Vishwjeet SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail as there is no cogent material linking him to the offence and he has a clean antecedent.
Summary
The petitioner, Vishwjeet Kumar, was arrested on 1 December 2025 in connection with a case alleging his involvement in the abetment of the suicide of Neeraj Kumar Upadhyay, under Section 108 of the Bihar Prohibition and Excise Amendment Act. The prosecution’s case relied mainly on a suicide note allegedly forwarded from the petitioner’s mobile and the FIR narrative, with no other substantive evidence linking him to the alleged offence. The petitioner’s counsel argued that the petitioner's antecedents are clean, the suicide note’s origin is doubtful, and the charge‑sheet lacks material evidence of his participation. The Additional Public Prosecutor opposed bail, but the court noted the absence of cogent material and the petitioner’s clean record. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the charge of abetment of suicide under Section 108 of the Bihar Prohibition and Excise Amendment Act.
- Whether the evidence, particularly the suicide note, is sufficient to justify continued detention.
Subjects
- bail
- abetment of suicide
- Section 108
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- suicide note
- evidence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24405 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Vishwjeet Kumar @ Vishwjeet Singh S/o Surendra Singh R/o Village-
Nasratpur, P.O.- Chilhose, P.S.- Sandesh, District- Bhojpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dayanand Singh, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.12.2025 in connection with Sasaram (M) P.S. Case No. 361
of 2025 for the offence punishable under Section 108 of Bihar
Prohibition and Excise Amendment Act.
3. The prosecution story, in brief, is that on
28.11.2025 at about 14:17 O'clock, he got an intelligence
message sent on his official mobile no. 9031826536 from
Special Intelligence Unit Rohtas. After reading it, he came to
know that Neeraj Kumar Upadhyay working in Siddhi Vinayak
Collection, a collection agency of a private finance company,
informed the police that he himself was going to commit suicide
on a railway track between covered in blood on the railway
track. It seemed that the person had committed suicide by
getting hit by a train. The palm of the person's left hand was
completely cut off and blood was also oozing from several
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places on his head. His body was picked up from there and sent
to Sadar Hospital, Sasaram. That person sent a suicide note to
the police from his mobile in which he wrote that he, Neeraj
Kumar Upadhyay, S/o Late Madan Upadhyay, was writing this
statement in his senses that he is working in Siddhi Vinayak
Collection, a collection agency of a private finance company, in
which he has not received his salary for the last 02 months. But
for the company's money which is stuck in the market for about
Rs. 70,000/-, he was being mentally tortured by the supervisor
Vishwajeet Singh and Manager Raja Tiwari from the agency
that he should deposit it from anywhere, he even said that sir it
is beyond his control, the customer is not paying the money,
they got angry on this and abused him filthily and this morning
3-4 people including the petitioner came from Patna near his
house and after threatening to humiliate him in his locality, they
took him behind Baba Hotel in New Area and after beating him,
they snatched his vehicle and all this was done by Raja Tiwari
and Vishwajeet. Then these people gave him 02 hours time and
started demanding Rs. 1,00,000/- and said that if he does not
deposit the money then he would get him sent to jail, he also
said that sir, he does not have this Rs. 1,00,000/-, it's with the
customer, who was not giving it to him. He offered them to go
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to the customer with him then they say that they cannot go with
him and he bring the money otherwise die somewhere because
If he does not get the money today, they will kill him and do the
same to his family as they were doing to him." Then, they drove
him away. "He can't arrange that much money because he has
already borrowed money from these people through their
banking business. He can't bear the mental and physical torture
anymore. Therefore, as a last solution, he was going to commit
suicide, and Raja Tiwari and Vishwajeet are fully responsible
for this." He request the Rohtas SP, Sir, to arrest these people
responsible for his murder and take legal action against them.
They are the ones who got him murdered. They forced him to
take this step. After his death, this news should be given to Amit
Pathak on this mobile no. 8340147121.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR that
allegation against the petitioner is that he along with co-accused
persons have abetted the suicide of the deceased, namely, Neeraj
Kumar Upadhyay. Learned counsel for the petitioner submits
that the allegation as alleged in the FIR is forged and fabricated
and the petitioner has not committed any offence as alleged in
the FIR. Apart from that the so-called suicide note was
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forwarded from the petitioner’s mobile to the police officer’s
mobile. It is next submitted that it is not clear that who has sent
the so-called suicide note to the police and except the aforesaid,
no other cogent material has come during the course of
investigation to suggest the involvement of petitioner in the
present occurrence. It is next submitted that police has
submitted charge-sheet and the petitioner is in custody since
01.12.2025.
5. Learned APP for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and except the
suicide note which was forwarded to the mobile phone of the
police officer no other cogent material has come during the
course of investigation to suggest the involvement of petitioner
in the present occurrence, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Rohtas,
Sasaram in connection with Sasaram (M) P.S. Case No. 361 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Gaurav Sinha/-
U T
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