Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 482
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
2/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.