Patna High Court
Rohit Kumar Sah @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Rohit Kumar Sah and Md. Naushad, were arrested in connection with a case (Fulkaha PS Case No. 155 of 2025) alleging that they instigated a woman to commit suicide by hanging. The prosecution charged them under Sections 191(2), 190, 108, 352, 351(2) and 351(3) of the Bihar Penal Code (BNS). The petitioners contended that they were falsely implicated and highlighted that a co‑accused, Md. Muddin, had already been granted anticipatory bail by a coordinate bench. After hearing the counsel, the court examined the merits of the bail application, noting the lack of substantive evidence linking the petitioners to the alleged instigation. The court allowed the bail application, directing that the petitioners be released on a bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate, 1st Class, Araria.
Issues considered
- Whether bail should be granted to the petitioners accused of instigating a suicide under the specified sections of the Bihar Penal Code
Legislation cited
- Bihar Penal Code (BNS) — s. 108, 190, 191(2), 351(2), 351(3), 352
Subjects
- bail
- suicide
- instigation
- criminal procedure
- Bihar Penal Code
- anticipatory bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2543 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- FULKAHA District- Araria
======================================================
1. Rohit Kumar Sah @ Rohit Kumar S/O Shivpujan Sah R/O Village-
Hanuman Nagar, Ward No. 02, P.S- Fulkaha, Distt.- Araria.
2. Md. Naushad @ Naushad S/O Md. Sidiki R/O Village- Hanuman Nagar,
Ward No. 02, P.S- Fulkaha, Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha
For the Opposite Party/s : Mr.Amitesh Kumar
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Fulkaha P.S. Case No. 155 of 2025 registered for the offence
under Sections 191(2), 190, 108, 352, 351(2), 351(3) of the
BNS.
3. As per the prosecution case, the deceased has
committed suicide in her house by hanging and the allegation
against the petitioners is that they have instigated her to commit
suicide.
4. The petitioners are in custody since 11.10.2025.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.2543 of 2026(3) dt.25-03-2026
2/2
the petitioner is innocent and he has falsely been implicated in
this case. He further submits that co-accused Md. Muddin has
already been granted anticipatory bail by a coordinate Bench of
this Court.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, 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 Judicial Magistrate, 1st Class, Araria/concerned
Court below in connection with Fulkaha P.S. Case No. 155 of
2025.
(Sandeep Kumar, J)
Vikas/-
U
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