Patna High Court
RATAN KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Ratan Kumar, applied for bail in a case registered under Sections 108 and 3(5) of the BNS, alleging that he and co‑accused instigated the suicide of the informant's sister. The prosecution alleged his involvement, while the petitioner claimed false implication and cited a lack of overt act and a clean antecedent. The petitioner’s counsel highlighted that the sister’s suicide was linked to a matrimonial dispute and that the matter had been compromised. The State opposed bail, but the court found the allegations vague and non‑specific and considered the petitioner’s prolonged custody. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the BNSS and additional attendance requirements.
Issues considered
- Whether bail should be granted to the petitioner despite allegations under Sections 108 and 3(5) of the BNS.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether conditions under Section 480(3) of the BNSS are applicable in granting bail.
Legislation cited
Subjects
- bail
- false implication
- suicide
- instigation
- Criminal Procedure Code
- Section 108
- Section 3(5)
- Section 480(3)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6071 of 2026
Arising Out of PS. Case No.-547 Year-2025 Thana- HARNAUT District- Nalanda
======================================================
Ratan Kumar S/O Late Ramjee Mehto R/O Vill.- Gonaman Road, Harnaut,
P.S.- Harnaut, Dist.- Nalanda.
... ... Petitioner/S
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bishwajeet Singh, Adv.
For the Opposite Party/s : Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Harnaut P.S. Case No. 547 of 2025, registered
for the offences under Sections 108, 3(5) of the BNS.
3. As per prosecution case, the sister of the informant
committed suicide in the house of the informant and the
allegation against the petitioner who is father-in-law of the
deceased is that he and other co-accused persons instigated her
for committing suicide.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in this case and no
occurrence in the manner as alleged has ever taken place. From
the FIR it is clear that there is no overt act on the part of the
Patna High Court CR. MISC. No.6071 of 2026(2) dt.04-02-2026
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petitioner towards instigating the sister of the informant for
committing suicide. The co-accused son of the petitioner has
filed matrimonial case against his wife(deceased) in
Matrimonial Case No. 372 of 2025 before the learned Principal
Judge, Family Court, Biharsharif. The son of the deceased is
residing with the family of the petitioner. There is no
involvement of the petitioner in the whole occurrence. He is
having clean antecedent and he is in custody since 08.12.2025.
Learned counsel further submits that good sense has prevailed
on the informant and the matter has been compromised.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
vague and non-specific nature of allegation against the
petitioner and further considering his period of custody, the
petitioner is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned ACJM 1st, Nalanda, Biharsharif/concerned court, in
connection with Harnaut P.S. Case No. 547 of 2025, subject to
the condition laid down under Section 480(3) of the BNSS and
Patna High Court CR. MISC. No.6071 of 2026(2) dt.04-02-2026
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other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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