Patna High Court

Ankit KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

Ankit Kumar was arrested for the alleged killing of his wife, charged under Sections 80(2) and 3(5) of the BNS, and has been in custody since 1 March 2025. He contended that the FIR was filed under Section 80(2) while the charge‑sheet was framed under Section 108 of the BNS, and that the deceased had actually committed suicide, a fact recorded in the case diary. The State opposed his bail application. The Patna High Court, after hearing counsel, allowed the bail application, directing his release on a bail bond of Rs.10,000 with two sureties and a condition to cooperate with the trial. The court clarified that the order is confined to bail and does not prejudice the merits of the criminal case.

Issues considered

Whether bail should be granted when the FIR is under Section 80(2) of the BNS but the charge‑sheet is under Section 108 of the BNS
Whether the claim of suicide as the cause of death affects the grant of bail
Whether the petitioner poses a risk of fleeing or tampering with evidence

Legislation cited

BNS — s. 108, 3(5), 80(2)

Subjects

bail
homicide
suicide claim
Criminal Procedure Code
Section 108
Section 80(2)
Section 3(5)
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68091 of 2025
                    Arising Out of PS. Case No.-61 Year-2025 Thana- KAJI MUHAMMADPUR District-
                                                       Muzaffarpur
                 ======================================================
                 Ankit Kumar S/O Ashok Chaudhary R/O Village- Chhapra, P.S.- Kanti, Dist.-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Ashutosh Kumar
                 For the Opposite Party/s :     Mr.Umesh Lal Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   09-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Kazi Mohammadpur P.S. Case No. 61 of 2025 registered for the

                   offence under Sections 80(2), 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioner, who

                   is the husband of the deceased, is said to have killed his wife.

                                   4. The petitioner is in custody since 1.3.2025.

                                   5. Learned counsel for the petitioner submits that

                   though the FIR was registered under Section 80(2) of the BNS

                   but the charge-sheet has been submitted under Section 108 of

                   the BNS. He further submits that the deceased has committed

                   suicide and this fact has come in the case diary which is
Patna High Court CR. MISC. No.68091 of 2025(9) dt.09-04-2026
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          apparent from the description of the place of occurrence. The

          dead body was also taken out after breaking open the door of the

          room in which the body was found hanging. He also submits

          that the the trial is progressing.

                          6. Learned APP for the State has opposed the

          application of the petitioner.

                          7. Considering the aforesaid facts, this application

          is allowed.

                           8. Let the petitioner, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned concerned Court below in connection with Kazi

          Mohammadpur P.S. Case No. 61 of 2025.

                          9. As a condition of this order, the petitioner, after

          being released on bail, is directed to co-operate in the trial either

          by appearing personally or through his lawyer in the trial Court

          on each and every date fixed by the trial Court. Non-compliance

          of the condition will result in cancellation of the bail bonds of

          the petitioner.

                           10. It is, however, clarified that the observations

          made herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
          Patna High Court CR. MISC. No.68091 of 2025(9) dt.09-04-2026
                                                      3/3




                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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