Patna High Court
Rajesh Kumar @ Kallu @ Kallu Kumar Singh @ KaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, and retained the power to cancel the bail if cooperation with the investigation is not forthcoming.
Summary
The petitioner, Rajesh Kumar, sought anticipatory bail after being implicated in a case of alleged abetment of suicide under Sections 306 and 34 of the IPC, based on a complaint by an informant whose father had taken a loan from the petitioner and later committed suicide. The petitioner argued that he had a clean record, that the loan had been partially repaid, and that the informant’s allegations were false and motivated to implicate him. He also highlighted that a co‑accused, Vijay Singh, had been granted anticipatory bail in a similar matter. The State opposed the bail but could not refute the petitioner’s claim of similarity to the earlier case. The Court, applying its inherent powers under Section 482 of the CrPC, granted anticipatory bail subject to a cash bond, sureties, and a condition that the bail may be cancelled if the petitioner fails to cooperate with the investigation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case of alleged abetment of suicide under IPC Sections 306 and 34.
- Whether the facts of the present case are analogous to the earlier case of Vijay Singh where anticipatory bail was granted.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438, 482(2)
- Indian Penal Code — s. 306, 34
Subjects
- anticipatory bail
- abetment of suicide
- IPC 306
- IPC 34
- false implication
- loan dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83749 of 2025
Arising Out of PS. Case No.-711 Year-2023 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Rajesh Kumar @ Kallu @ Kallu Kumar Singh @ Kalu Son of Ramcharitar
Singh Resident of - Ratanpur, Ward No.- 21, P.S.- Ratanpur, District -
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Singh, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
For the Informant : Mr. Ravi Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-02-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 306 and 34
of the Indian Penal Code.
3. Learned counsel appearing on behalf of the
petitioner submits that petitioner is a person with clean
antecedent and the informant alleges that her father on
04.12.2023 committed suicide on account of harassment and
torture meted out by the accused persons, further for the last 7-8
months, petitioner, Vijay, Rohit and Ritesh along with unknown
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accused used to come to her house and abused her father,
brother and other family members and demanded money and
used to torture her father for not returning the money and
pressurized him to sell his land at a lower price and threatened
to kill her father and brother, thus her father was not able to
suffer the torture and thus ended his life.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has been falsely implicated in
the instant case by the informant. It is next submitted that the
allegation in the FIR is that petitioner along with accused
persons abetted in suicide of the father of the informant. It is
further submitted that father of the informant had taken a loan of
Rs. 27 Lakhs from the petitioner out of which an amount of Rs.
8,73,000/- was returned in between 04.04.2023 to 31.07.2023
and an amount of Rs. 4,10,000/- was returned in between
15.07.2022 to 14.03.2023. It is also submitted that brother of the
informant with an intent to return the left over loan amount of
the petitioner had issued cheque for an amount of Rs. 4,19,000/-
dated 27.03.2023 and cheque dated 22.08.2023 for an amount of
Rs. 7 Lakhs, but then the cheques on presentation for
encashment bounced. It is submitted that no doubt the father of
the informant committed suicide, but then petitioner was not
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responsible in any manner in abetting the suicide. It is also
submitted that it has been falsely alleged in the FIR that
petitioner and other co-accused persons were pressurizing the
father of the informant for selling his land at a lower price in
lieu of the money which he had taken. It is submitted that father
of the informant had taken loan from various persons including
the petitioner and has also returned some amount, but since
substantial amount was due, as such, the petitioner along with
other accused persons used to visit the house of the informant
with a request to her father to return the amount and at times the
petitioner along with other accused persons even took a hard
stand. It is further submitted that no doubt the deceased while
committing suicide left a suicide note wherein name of the
petitioner is also recorded, but then the suicide note has been
left only with an intent to implicate all the accused persons. It is
reiterated and submitted that it is not in dispute that father of the
informant had taken money from the petitioner and other
accused persons whose name also finds mention in the suicide
note. It is also submitted that petitioner will not abscond rather
will cooperate in the investigation to prove his innocence. It is
next submitted that similarly situated co-accused Vijay Singh
had approached this Court seeking anticipatory bail by filing
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Criminal Miscellaneous No. 64188 of 2025 and the same came
to be allowed by an order dated 17.09.2025.
5. Learned APP for the State as well as the learned
counsel appearing on behalf of the informant opposes the
anticipatory bail application of the petitioner, but then are not in
a position to rebut the submission of the learned counsel
appearing on behalf of the petitioner that the case of the
petitioner, if not akin, is similar to the case of Vijay Singh who
has been granted the privilege of anticipatory bail.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
sureties of the like amount each to the satisfaction of the learned
trial court where the case is pending/successor court in
connection with Muffasil P.S. Case No. 711 of 2023, subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. One of the bailors of the petitioner shall be his
father namely Ramcharitar Singh.
8. However, it is made clear that in the event if the
Investigating Officer of the case files an application before the
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learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
10. Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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