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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's bail application.

Summary

The petitioner, Ajay Kumar, applied for regular bail in a case registered under Sections 108, 352, 351(2), 79 and 3(5) of the B.N.S., 2023, alleging that he was falsely implicated in the alleged suicide of a family who had taken a loan from him. The informant’s statement claimed that the petitioner, along with another person, had repeatedly abused and tortured the family to recover the loan, creating a situation that led to the family’s consumption of poison. The petitioner contended that the allegations were exaggerated, stemmed from a family land dispute, and that he was merely a creditor. The State and the informant argued that the petitioner’s conduct amounted to abetment of suicide. After considering the submissions, the court declined to grant bail, noting the seriousness of the allegations and the need for the petitioner to remain in custody until charges are framed.

Issues considered

  • Whether the petitioner is entitled to regular bail pending trial for offences under the B.N.S., 2023.
  • Whether the alleged conduct constitutes abetment of suicide justifying denial of bail.

Legislation cited

Subjects

  • bail
  • abatement of suicide
  • loan dispute
  • B.N.S. 2023
  • preliminary hearing
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87548 of 2025
                       Arising Out of PS. Case No.-322 Year-2025 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Ajay Kumar Son of Dhananjay Kumar @ Dhananjay Prasad Resident of
                 Village- Shikarpur, P.S.- Giriyak (Pawapuri) Nalanda, District- Nalanda
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, A.P.P.
                 For the Informant        :       Mr. Sanjay Kumar Pandey, Advocate
                                                  Mr. Ram Lakhan Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-02-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of the

                   informant.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 108, 352, 351(2), 79 and 3(5)

                   of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that he received an information on 18.07.2025, at 05.00

                   p.m., that some persons have consumed poison in an orchard near

                   Kali temple, accordingly, he reached the place of occurrence and

                   saw that five persons have consumed poison and the villagers have

                   taken the injured to the hospital. Further, at the place of

                   occurrence, Satyam Kumar, a 10 year old boy was also found, who
Patna High Court CR. MISC. No.87548 of 2025(2) dt.10-02-2026
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          was brought to the police station and he disclosed that the persons,

          who consumed poison, are his family members. Further, the

          S.H.O. came and recorded the statement of the injured Soni Devi

          in his mobile at the hospital, who stated that they have a cloth shop

          and for starting the shop, they had taken loan of Rs.3 lakhs from

          Ajay Kumar (petitioner) and Rs.2 lakhs from Dharmendra Modi.

          Further, the priest of Kali temple had introduced them to Ajay

          Kumar and Dharmendra Modi and for the last one month, Ajay

          Kumar and Dharmendra Modi used to come to her house and used

          to abuse and torture them. Further, the priest had brought them to

          Pawapuri and got them implicated and also disclosed that her elder

          brother-in-law Ghanshyam Prasad got their land registered in the

          name of his wife and his daughter-in-law, hence, out of frustration,

          the family consumed poison. Further, two minor girls died during

          the course of treatment.

                       4. Learned counsel appearing on behalf of the petitioner

          submits that petitioner has been falsely implicated in the instant

          case based on the statement of Soni Devi. It is further submitted

          that from perusal of the allegation as alleged in the FIR, it would

          manifest that in sum and substance, the allegation against the

          petitioner is that he was introduced to the family by the priest of

          Kali temple based on which he had given a loan of an amount of

          Rs.3 lakhs and since the amount was not being returned, thus, it is
Patna High Court CR. MISC. No.87548 of 2025(2) dt.10-02-2026
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          alleged that petitioner along with Dharmendra Modi used to

          torture the family. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that Soni Devi

          also disclosed that her elder brother-in-law Ghanshyam Prasad got

          their land registered in the name of his wife and his daughter-in-

          law and, thus, out of the frustration the family committed suicide.

          It is also submitted that it might be a possibility that on account of

          dispute in the family, the occurrence took place and the petitioner

          and Dharmendra Modi came to be implicated for the reason that

          they had initially given loan to the family for starting the cloth

          business. It is further submitted that even presuming what has been

          alleged is true without admitting then at best the allegation is that

          petitioner and Dharmendra Modi were asking for their money

          which they had loaned but then the allegation of torture and abuse

          is exaggerated. It is reiterated and submitted that on account of

          land dispute in the family, the family committed suicide. It is next

          submitted that petitioner is in custody since 22.07.2025.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant vehemently opposed the

          prayer for regular bail of the petitioner.

                       6. Learned counsel appearing on behalf of the informant

          submits that petitioner might not have committed the occurrence

          but then allegation is of abetment as Soni Devi specifically stated
           Patna High Court CR. MISC. No.87548 of 2025(2) dt.10-02-2026
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                     that petitioner along with Dharmendra Modi used to come to their

                     house for seeking the loan amount and since they were not in a

                     position to return the amount as such they tortured and abused

                     which created condition conducive for committing the occurrence

                     of suicide, coupled with the fact that Ghanshyam Prasad also

                     cheated them.

                                  7. Considering the submissions made by the learned

                     counsel appearing on behalf of the informant, the Court, for the

                     present, is not inclined to release the petitioner on bail in

                     connection with Giriyak P.S. Case No. 322 of 2025 pending in the

                     Court of learned Chief Judicial Magistrate, Nalanda at Bihar

                     Sharif/Successor Court.

                                  8. Hence, the prayer for bail is rejected.

                                  9. However, the petitioner would be at liberty to renew

                     his prayer for bail after framing of charge.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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