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Patna High Court

Daya Shankar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Daya Shankar Ram, a junior electrical engineer, feared arrest in a case registered under Sections 108, 3(5) and 61(2) of the B.N.S. concerning the suicide of his husband, who was allegedly depressed over unpaid dues. The prosecution’s informant alleged that the deceased’s suicide was linked to amounts owed by a list of twelve persons, including the petitioner, but no direct involvement by the petitioner was alleged. The petitioner argued that he had no active role, possessed a clean antecedent, and that a co‑accused had already been granted anticipatory bail in a similar matter. The State opposed the grant of anticipatory bail. Considering the lack of specific allegations, the petitioner’s clean record, and the principle of parity, the Court allowed the petition for anticipatory bail under Section 482(2) of the B.N.S.S., directing bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in a case of alleged involvement in a suicide linked to unpaid dues.

Legislation cited

  • B.N.S. — s. 108, 3(5), 482(2), 61(2)

Subjects

  • anticipatory bail
  • suicide
  • unpaid dues
  • criminal procedure
  • Section 482
  • Bihar
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72034 of 2025
                  Arising Out of PS. Case No.-295 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Daya Shankar Ram son of Late Ram Nihora Ram Village- Derwan, P.s.-
                 Kudra, District -Kaimur at Bhabhua At Present Junior Electrical Engineer,
                 Electric Supply Section Raghunathpur, Dist- Buxar

                                                                                 ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Ajay Kumar Tiwari, Advocate
                 For the State           :       Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 108, 3(5)

                   and 61(2) of the B.N.S..

                                3. As per prosecution case, the informant states that

                   her husband, who was an electrician, was under depression on

                   account of his dues not having been paid by a number of

                   persons after the work done by him and for this reason he

                   committed suicide. His dead body was discovered by the side of

                   railway track.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.72034 of 2025(2) dt.16-01-2026
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          committed no offence. There is no allegation of any active or

          direct role against the petitioner which led the deceased to

          commit suicide. Petitioner is one of the persons named in a list

          of 12 persons including the Executive Engineer with whom

          certain amounts was still due as per the informant’s case. It is

          further submitted that similarly situated co-accused person has

          already been granted the privilege of anticipatory bail by this

          Hon’ble Court vide order dated 15.09.2025 passed in Cr. Misc.

          No. 57580 of 2025. Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on

          parity and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned C.J.M., Rohtas at Sasaram in

          connection with Sasaram (M) P.S. Case No. 295 of 2024,
             Patna High Court CR. MISC. No.72034 of 2025(2) dt.16-01-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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