Patna High Court

Anish KumarversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISMISSED
Bench: NAWNEET KUMAR PANDEY

Holding

The petitioner is not entitled to bail; the bail application is dismissed.

Summary

Anish Kumar was arrested in connection with the death of his wife, Manisha Kumari, under Sections 302 and 34 of the Indian Penal Code. The petitioner claimed the death was a suicide, presenting a suicide note recovered from a sealed cover, and argued that he was innocent. The State countered that the post‑mortem revealed a firearm injury, the petitioner had confessed to purchasing a pistol and committing the murder, and that the suicide note was forcibly obtained. The court examined the evidence, including the confession and forensic findings, and found the petitioner's claim untenable. Consequently, the court rejected the petitioner's application for regular bail.

Issues considered

Whether the petitioner is entitled to regular bail in a murder case under Sections 302 and 34 of the IPC given the confession and forensic evidence
Whether the suicide note can be considered genuine and sufficient to raise a presumption of suicide

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

bail
murder
suicide note
IPC 302
Section 34
confession
postmortem
firearm injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48892 of 2025
                 Arising Out of PS. Case No.-398 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Anish Kumar S/O Naresh Sah @ Naresh Kumar Sah R/O Village- Khokhsa,
                 PS- Dalsingsarai, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Siya Ram Sahi, Sr. Adv.
                                                 Mr.Anirudh Kumar Sinha, Adv.
                 For the Opposite Party/s :      Mr. J. N. Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

9   22-01-2026                   In pursuance of the order dated 07-01-2026, the

                   investigating officer is present in the court and produced the

                   suicide note of Manisha Kumari in a sealed cover.

                                 2. Perused the suicide note and returned the same to

                   the investigating officer.

                                 3. The personal appearance of the investigating officer

                   is dispensed with.

                                 4. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 5. The petitioner seeks regular bail in connection with

                   Dalsinghsarai P.S. Case No. 398 of 2024 registered for the

                   offence punishable under Section-302/34 of the Indian Penal

                   Code.
Patna High Court CR. MISC. No.48892 of 2025(9) dt.22-01-2026
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                       6. According to allegation, the deceased was married

          to the petitioner according to Hintu rites and rituals. She was

          appointed as a teacher in the Primary School, Monika and she

          was residing with her husband in a rented house in village,

          Monika. The husband (petitioner) suspected her relation with

          someone else. Later on, the informant came to know from his

          elder sister who was residing in Kolkata that the deceased was

          shot dead.

                       7. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and he has been implicated in this

          case. The father-in-law of the deceased and one Lalan who

          supplied the pistol, have been granted bail. Learned counsel has

          also submitted that it is not a case of murder rather it is a case of

          suicide because the suicide note was recovered at the disclosure

          of the petitioner.

                       8. On the other hand, Mr. J. N. Thakur, learned APP

          has opposed the prayer for bail by submitting that in the

          postmortem, the fire-arm injury was found on the dead body.

          The petitioner is husband of the deceased who confessed his

          guilt and on his disclosure, pistol, whereby murder was

          committed, was recovered. Mr. Thakur has also submitted that

          the suicide note was forcibly obtained before murder of the
            Patna High Court CR. MISC. No.48892 of 2025(9) dt.22-01-2026
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                      deceased which transpires from confessional statement of the

                      petitioner. In his confessional statement, the petitioner has stated

                      that he purchased a pistol and cartridges from Lalan and he

                      committed murder of his wife. Before commission of murder, he

                      forcibly got written a suicide note from his wife.

                                   9. Considering the aforesaid facts and circumstances,

                      the petitioner does not deserve the privilege of bail and

                      accordingly, prayer for bail of the petitioner is rejected.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T

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