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Patna High Court

Chiranjeevi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                      Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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