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Patna High Court

Awadhesh Prasad @ Abdhesh Prasad @ Awadhesh ChaurasiaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

Awadhesh Prasad was arrested on 23 November 2025 in connection with a case alleging his involvement in the suicide of Vikram Kumar, the son of informant Gayatri Devi, and charged under Sections 108, 3 and 5 of the BNS. The informant claimed that Prasad, along with Vinita Kumari and Shankar Kumar, conspired to cheat her son out of his invested money, leading to his death. The petitioner pleaded that the allegations were fabricated, he had a clean antecedent, and the FIR was based on a personal dispute rather than any criminal act. The State opposed bail, arguing the seriousness of the charges. The court, after considering the circumstances, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged conspiracy leading to suicide under Sections 108, 3 and 5 of the BNS
  • Whether the allegations in the FIR constitute a prima facie case justifying continued detention

Legislation cited

  • BNS — s. 108, 3, 5

Subjects

  • bail
  • suicide
  • conspiracy
  • partnership dispute
  • criminal antecedent
  • BNS
  • Section 108
  • Section 3
  • Section 5

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9348 of 2026
                      Arising Out of PS. Case No.-199 Year-2025 Thana- KURSAILA District- Katihar
                 ======================================================
                 Awadhesh Prasad @ Abdhesh Prasad @ Awadhesh Chaurasia S/o Late Ramlal
                 Prasad R/o Village- Gopalpur, P.S- Gogri, Dist- Khagaria.

                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saroj Kumar Sharma, Advocate
                                          :       Mr. Vikash Kumar, Advocate
                                          :       Ms. Neha Sarika, Advocate
                 For the Opposite Party/s :       Dr. Ajeet Kumar, A.P.P.
                 For the Informant        :       Mr. Diwakar Yadav, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-04-2026                          Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   23.11.2025 in connection with Kursela P.S. Case No. 199 of

                   2025 for the offences punishable under Sections 108, 3 and 5 of

                   BNS.

                                 3. The prosecution story, in brief, is as follows: -

                                (a) That the informant namely Gayatri Devi, stated in

                   his written application before the SHO, Kursela that her son

                   namely Vikram Kumar started Maa Kamakhya Fashion Show

                   Room, Purnia in partnership with Vinita Kumari during festive
Patna High Court CR. MISC. No.9348 of 2026(3) dt.01-04-2026
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          season of Durga Puja 2023. It was doing good business. It is

          further submitted that during November December 2024, Vinita

          Kumari and her husband Shankar Kumar started putting

          pressure upon her son Vikram to invest more capital in the said

          showroom.

                          (b) That it has been further stated that the son of the

          informant Vikram Kumar invested Rs. 20,00000/- (Twenty

          Lakhs) Rupees by mortgaging his house in the bank. After some

          time, son of the informant told her that Vinita Kumari and her

          husband Shankar Kumar were threatening him to throw out of

          the partnership agreement. It is further alleged by the informant

          that when her son demanded back his money which he invested

          in the partnership firm, but both of them avoided to pay back.

          The matter was also reported to MP Purnia who directed them

          return        the       money           and         settle    the    issue.

                          (c) That it is further alleged that in the last of

          August 2025, Shankar Kumar ousted her son from the said

          showroom, due to which her son joined another shop for his

          livelihood in the nearby area. Due to expulsion from the

          Partnership, son of the informant started living in stress and was

          trying         to        recover           his         invested     money.

                          (d) That it has been further alleged by the
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          informant that, on 04-09-2025 at about 9 A.M, her son after

          taking meal told her that he was going to resolve the dispute of

          account with his partner. After sometime, the informant also

          followed her son to the showroom. When she reached there, she

          could not find her son there. Petitioner was present there. He

          scolded her and asked her to get out. The informant tried to

          contact her son on his mobile but could not succeed.

                          (e) That it has been further submitted by the

          informant, that after sometime her son called her and told her

          that Vinita Kumari and Shankar Kumar replied him that there

          was no due against them and they would not return him any

          amount and clearly told her son to do whatever he could do. The

          informant told her son to return her son back home but he didn't

          return.

                          (f) That it has been stated by the informant, on the

          same day in the evening she came to know through social

          media, his son's Bullet Motorcycle was found at Kursela Bridge

          and then kept in Kursela police station premises. The informant

          further added that her relatives went there for confirmation and

          came to know that her son Vikram committed suicide by

          jumping from Kursela Bridge and could not be recovered even

          after best efforts of S.D.R.F. in the light of aforesaid facts the
Patna High Court CR. MISC. No.9348 of 2026(3) dt.01-04-2026
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          informant expressed her faith that Vinita Kumari, her Husband

          Shankar      Kumar        and    her     father Awadhesh   Chaurasiya

          (petitioner) conspired to cheat her son's invested money and

          compelled him to commit suicide.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and the allegation as alleged in

          the FIR is forged and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. Learned counsel

          for the petitioner submits that from bare perusal of the FIR it

          appears that son of the informant has committed suicide himself

          and petitioner has no role at all in the present occurrence and he

          has been made an accused in the present case based on previous

          dispute between the parties and police after investigation has

          submitted charge-sheet and petitioner is in custody since

          23.11.2025.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant, on the other hand,

          have vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned CJM,
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                     Katihar in connection with Kursela P.S. Case No. 199 of 2025,

                     subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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