Patna High Court
Chiranjeevi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners, subject to a bond of Rs.10,000 each with two sureties and compliance with Section 482(2) of the BNSS, 2023.
Summary
The petitioners, Chiranjeevi Kumar and Prakash Kumar, filed a bail application after an FIR alleged that they, along with others, mentally harassed the victim (brother of informant Nitesh Kumar), leading to the victim's suicide. The petitioners are the brother‑in‑law of the deceased and contend that there is no direct or indirect evidence of their involvement or instigation. They highlighted their clean antecedent and the lack of material linking them to the alleged offence. The State opposed the bail, arguing that the offences under sections 108, 61(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are serious. The Court, considering the familial relationship, clean record, and absence of incriminating evidence, ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties each, subject to Section 482(2) of the BNSS. The bail order was conditioned on surrender within eight weeks and compliance with the stipulated terms.
Issues considered
- Whether the petitioners are entitled to bail in a case involving alleged mental harassment leading to suicide under sections 108, 61(2) and 3(5) of the BNSS, 2023.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 108, 3(5), 482(2), 61(2)
Subjects
- bail
- suicide
- mental harassment
- BNSS 2023
- Section 482
- clean antecedent
- family relationship
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.863 of 2026
Arising Out of PS. Case No.-212 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
1 . Chiranjeevi Kumar S/o Bhupendra Singh @ Bhupendra Prasad Singh
Resident of Village- Chamarhara Mahnar, P.S.- Mahnar, District- Vaishali.
2. Prakash Kumar @ Yashwant Singh S/o Bhupendra Singh @ Bhupendra
Prasad Singh Resident of Village- Chamarhara Mahnar, P.S.- Mahnar,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
Ms. Pragya sakshi , Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 108 , 61
( 2 ) and 3 (5) of Bns.
3 . As per F.I.R., informant namely, Nitesh Kumar
alleged that these petitioner along with other co-accused
persons used to mentally harass the victim ( brother of
informant ) after which victim committed suicide by hanging
himself.
Patna High Court CR. MISC. No.863 of 2026(2) dt.21-01-2026
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4. It is submitted on behalf of the petitioners that
these petitioners are own brother-in law of the deceased. It is
highly unbelievable that these petitioner being own brother-
in-law of informant would instigate or urge the brother of
informant to commit such offence . There is no direct or
indirect materials available on record against these petitioners
to show their complicity in the present occurrence. There is no
material to show that these petitioners played any active or
indirect role or instigated the deceased to commit suicide .
Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid facts, relationship
between the parties, clean antecedent of these petitioners and
other circumstances of the case , in the event of arrest or
surrender within eight weeks from today, let the petitioners, as
named above, be enlarged 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 the learned Chief Judicial
Magistrate Vaishali at Hajipur in connection with Rajapakar
P.S. Case No. 212 of 2025 , subject to the conditions laid
down under section 482 ( 2 ) of the Bharatiya Nagarik
Patna High Court CR. MISC. No.863 of 2026(2) dt.21-01-2026
3/3
Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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