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Patna High Court

Rajesh Kumar @ Kallu @ Kallu Kumar Singh @ KaluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.83749 of 2025(3) dt.17-02-2026
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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
Patna High Court CR. MISC. No.83749 of 2025(3) dt.17-02-2026
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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
Patna High Court CR. MISC. No.83749 of 2025(3) dt.17-02-2026
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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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