Patna High Court
Chintu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted bail to the petitioners, finding that the evidence indicated suicide and that continued detention was not justified.
Summary
The petitioners – Chintu Kumar, Shiv Shankar Kumar and Sintu Kumar – were arrested in connection with a case (PS Case No.174 of 2025) alleging that they assaulted the informant’s sister, who subsequently committed suicide. The petitioners contended that they are innocent brothers falsely implicated, that the deceased had taken shelter in Chintu Kumar’s rented premises and that she killed herself without any assault. Independent witness statements recorded in the case diary corroborated the petitioners’ version, indicating that the deceased was taken away from the house and strangulated herself, with no assault by the accused. The State opposed bail, but the court, after considering the evidence and the ten‑month pre‑trial custody, ordered bail on a bond of Rs.10,000 with two sureties each, subject to cooperation with the trial. The order released the petitioners on bail pending further proceedings.
Issues considered
- Whether bail should be granted to the accused in a case punishable under Section‑108(3)(5) of the Bihar Narcotic Substances Act given the circumstances of alleged assault and suicide.
Legislation cited
- Bihar Narcotic Substances Act — s. 108(3)(5)
Subjects
- bail
- suicide
- assault
- Section 108
- Bihar Narcotic Substances Act
- independent witnesses
- pre‑trial detention
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62213 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- DHANARUA District- Patna
======================================================
Chintu Kumar S/O Karoo Ram @ Karu Ram R/O Vill.- Bhergawan, P.S.-
Dhanaura, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 62370 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- DHANARUA District- Patna
======================================================
1. Shiv Shankar Kumar S/O Karoo Ram @ Karu Ram R/O Vill.- Bhergawan,
P.S.- Dhanarua, Dist.- Patna
2. Sintu Kumar @ Harishankar Kumar S/O Karoo Ram @ Karu Ram R/O
Vill.- Bhergawan, P.S.- Dhanarua, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 62213 of 2025)
For the Petitioner/s : Mr.Manish Kumar
For the Opposite Party/s : Mr.Akshay Lal Pandit
(In CRIMINAL MISCELLANEOUS No. 62370 of 2025)
For the Petitioner/s : Mr.Manish Kumar
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 19-01-2026 Both these cases arise out of the same case i.e.
Dhanarua P.S. Case No. 174 of 2025 and accordingly, they are
being heard together and disposed of with this common order.
2. Heard learned counsel for the petitioners and
learned APP for the State.
Patna High Court CR. MISC. No.62213 of 2025(4) dt.19-01-2026
2/3
3. The petitioners seek bail in a case registered for the
offence punishable under Section-108, 3(5) of the BNS.
4. Allegedly, the accused persons including the
petitioners having entered into the room of Devrani of the
informant, dragged her out on the road and started to abuse and
assault her. After intervention of the vicinity people, the matter
became pacified. It is further case of the prosecution that
thereafter, the informant’s Devrani (deceased) confined herself
in the room and committed suicide.
5. It has been submitted on behalf of the petitioners
that all these three petitioners are own brothers. They are
innocent and have falsely been implicated. His further
submission is that the informant is own sister of the deceased.
As a matter of fact, the matrimonial-in-mates of the deceased
used to torture her, for which, she takes shelter in the rented
premises of the petitioner, Chintu Kumar. He submitted further
that admittedly, it is a case of suicide. The petitioners are in
custody since 16-03-2025.
6. Learned APP has opposed the prayer for bail.
7. Paragraphs-22 & 23 of the case diary contains the
statements of independent witnesses. They have stated that the
petitioner Chintu Kumar had taken away the deceased from her
Patna High Court CR. MISC. No.62213 of 2025(4) dt.19-01-2026
3/3
house, for which, the petitioners, Shiv Shankar Kumar and Sintu
Kumar @ Harishankar Kumar asked the deceased to leave their
brother, for which, she committed suicide by strangulating
herself. The statement of these two witnesses shows that none
has assaulted the deceased. She herself committed suicide. The
petitioners are under custody for near about 10 months.
8. Considering the aforesaid facts and circumstances,
let the petitioners named above, be released on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Sub Divisional Judicial Magistrate, Masaurhi at Patna in
connection with Dhanarua P.S. Case No. 174 of 2025 with
condition that the petitioners shall cooperate with the trial of the
case and make themselves available as and when required by the
court.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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