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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, exercising its inherent powers under Section 482 of the BNSS.

Summary

The petitioners, Rahul Kumar and Rishu Raj, applied for anticipatory bail in a case under Section 108 of the Bharatiya Nyaya Sanhita, 2023, alleging they were falsely implicated in the suicide of Rishi Kumar. The FIR, based on a text message from the deceased, claimed the petitioners pressured him to take his own life. The petitioners contended that the deceased had misappropriated funds from complimentary tickets, resigned due to guilt, and that no pressure was exerted by them, noting that Rishu Raj was not present at the time. The State opposed the bail, maintaining that the petitioners were instrumental in the pressure leading to the suicide. The High Court, applying its inherent powers under Section 482 of the BNSS, granted anticipatory bail subject to monetary and procedural conditions, and ordered the petition to be disposed.

Issues considered

  • The applicability of anticipatory bail under Section 482 of the Bharatiya Nyaya Sanhita, 2023 in a suicide‑related case.
  • Whether the petitioners were instrumental in pressurising the deceased, thereby justifying denial of bail.
  • Whether the allegations of financial misconduct by the deceased negate the petitioners' liability.

Legislation cited

Subjects

  • anticipatory bail
  • Section 108 BNSS
  • Section 482 BNSS
  • suicide
  • false implication
  • financial misconduct
  • bail conditions
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33530 of 2026
                       Arising Out of PS. Case No.-5 Year-2026 Thana- KADAMKUAN District- Patna
                 ======================================================
           1.     Rahul Kumar, Son of Mahadev Vishwakarma, Resident of village- Karanja,
                  Post- Karanja, P.S.- Naubatpur, Patna, Bihar-801109
           2.    Rishu Raj, Son of Pramod Kumar, Resident of C/o Pramod Kumar, Ranipur
                 Road, Brahmapur, Phulwari Sharif, Patna-801505

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Puneet Siddhartha, Advocate
                                                  Mr. Tarun Sagar, Advocate
                                                  Mr. Chandra Mohan, Advocate
                                                  Mr. Aryan Sinha, Advocate
                                                  Mr. Shivam Raj, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   19-05-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State through virtual mode.

                                 2. The petitioners seek bail in anticipation of their

                   arrest in connection with Kadamkuan P.S. Case No. 05 of 2026,

                   instituted for the offences punishable under Section 108 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                 3. The prosecution case is based on the FIR lodged by

                   the informant, namely, Sanjay Kumar, who has alleged that on

                   29.12.2025, at around 06-07 am, his son, namely, Rishi Kumar,

                   was found hanging. It has further been alleged that the police

                   was informed and it was later found that the deceased had sent a
Patna High Court CR. MISC. No.33530 of 2026(2) dt.19-05-2026
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          text message to one of his friend, namely, Arnav, that he will

          commit suicide and the petitioner no. 1, namely, Rahul Kumar

          was solely responsible for the said act. It has been next

          submitted that the petitioner no. 2, namely, Rishu Raj was also

          instrumental in giving pressure to the deceased Rishi Kumar on

          account of which he had committed suicide.

                       4. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in this case on the basis

          of the text message sent from the mobile of the deceased/Rishi

          Kumar to his friend, namely, Arnav. It has further been

          submitted that, in fact, prior to the said incident on 28.12.2025,

          Rishi Kumar, since deceased, had illegally booked three

          complimentary tickets and had received the money from

          customers, and had kept the same with him. It has next been

          submitted that he had sold the said complimentary tickets

          without authorization using credentials of a different employees

          and had collected cash in lieu thereof. It is stated that later on

          during reconciliation and checking of the CCTV footage, it was

          found that the deceased/Rishi Kumar had indeed received cash

          in lieu of the complimentary tickets and had admitted his

          misconduct and gave resignation, as contained in Annexure-P/2

          of the present application. It is contended that there was no
Patna High Court CR. MISC. No.33530 of 2026(2) dt.19-05-2026
                                            3/4




          pressure whatsoever either from the petitioner no. 1 or petitioner

          no. 2, in fact, petitioner no. 2 was not even present on the said

          date which can also be ascertained from perusal of the

          documents which has been brought on the record by way of

          Annexure-P/6. The learned counsel for the petitioners thus

          submits that the said Rishi Kumar had committed suicide on

          account of his guilt of being caught with respect to his

          misconduct and since he had given his resignation probably out

          of such misappropriation, the said incident had occurred for

          which the petitioners cannot be saddled with any liability. It has

          lastly been submitted that the petitioners have clean antecedent.

                       5. Learned APP appearing on behalf of the State has

          vehemently opposed the prayer for anticipatory bail and stated

          that the petitioners were instrumental in pressurizing the said

          Rishi Kumar, who had committed suicide due to the pressure

          given by the petitioners.

                       6. Considering the facts aforesaid, the petitioners are

          directed to be released on bail, in the event of their arrest or

          surrender before the court below within a period of four weeks

          from the date of receipt/production of a copy of this order, on

          their furnishing bail bonds in the sum of Rs. 10,000/- (Ten

          Thousand) each with two sureties of the like amount, each to the
           Patna High Court CR. MISC. No.33530 of 2026(2) dt.19-05-2026
                                                       4/4




                     satisfaction of the learned Judicial Magistrate 1st Class, XIV,

                     Patna Sadar, in connection with Kadamkuan P.S. Case No. 05 of

                     2026, subject to the conditions as laid down under Section 482

                     of the BNSS and subject to the following conditions :-

                                                  (i) One of the bailors will be a close relative of
                                     the petitioners and the other shall be a local resident:
                                                  (ii) The petitioners will remain present on each
                                     and every date fixed by the Court below, if so required by
                                     the learned Trial Court and shall cooperate in the
                                     investigation;
                                                  (iii) In case of absence on two consecutive dates
                                     or in violation of the terms of the bail, the bail bonds of the
                                     petitioners will liable to be cancelled by the Court
                                     concerned;
                                                  (iv) The Court below shall verify the criminal
                                     antecedent of the petitioners and in case at any stage, it is
                                     found that the petitioners have concealed their criminal
                                     antecedent, the court below shall take step for cancellation
                                     of bail bonds of the petitioners. However, the acceptance of
                                     bail bonds in terms of the above mentioned order shall not
                                     be delayed for purpose of the same on in the name of
                                     verification.
                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The petition stands disposed of accordingly.



                                              (Sourendra Pandey, J)
krishna/deepak/-

U      T


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