Abhilash Kumar @ Abhilas Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Abhilash Kumar @ Abhilas Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna/concerned Court below, in connection with Shrikrishnapuri P.S. Case No. 318 of 2024.

Issue for consideration

Whether the petitioner, accused in Shrikrishnapuri P.S. Case No. 318 of 2024 registered for the offence punishable under Section 108 of the B.N.S., should be released on bail.

Court's answer

Taking into consideration the facts and circumstances, the possibility of suicide without any apparent instigation, coupled with the period of incarceration, the Court directed that the petitioner be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna/concerned Court below, in connection with Shrikrishnapuri P.S. Case No. 318 of 2024.

Ratio / Principle

The Court found there was a possibility of suicide without any apparent instigation, which, along with the period of incarceration, weighed in favour of granting bail.

Detailed headnote1 paragraphs

Bail granted - offence under Section 108 of the B.N.S. (alleged abetment of suicide) - Shrikrishnapuri P.S. Case No. 318 of 2024, District Patna - informant's daughter found dead by suicide by hanging on 24.10.2024, prosecution alleging she was distressed due to the petitioner sending obscene photographs and messages to her - charge-sheet filed under Section 108 of the B.N.S. - petitioner in custody since 13.06.2025 with no criminal antecedent - counsel for petitioner contended that the chats in the mobile phone showed no material suggesting the petitioner abetted the suicide by inducing or instigating the deceased - State opposed bail on the basis of the FIR allegations - Court, considering the possibility of suicide without any apparent instigation, coupled with the period of incarceration, released the petitioner on bail on a bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna/concerned Court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77190 of 2025

Arising Out of PS. Case No.-318 Year-2024 Thana- SHRIKRISHNAPURI District- Patna

======================================================

Abhilash Kumar @ Abhilas Kumar Son of Rajesh Kumar Gupta Resident of Dhkaram Naresh Niwas, Bhattha Road, P.S.- Danapur, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Ms. Bela Singh, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

4 17-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 108 of the B.N.S.

As per the prosecution case, the informant alleged that on 24.10.2024 at about 07:00 p.m., he got information on mobile that his daughter has committed suicide by hanging herself as she was distressed due to actions of the petitioner of sending obscene photographs and messages to her.

Learned counsel for the petitioner submits that the present case is one under Section 108 of the B.N.S. and the charge-sheet has also been submitted under the same Section after investigation. It has been further submitted that the petitioner and the deceased were in love relationship and it is

Patna High Court CR. MISC. No.77190 of 2025(4) dt.17-02-2026 2/2

while undergoing the said relationship that the deceased committed suicide, however, there is no material even as indicated by the chats in the mobile phone, which would be suggestive of the fact that the petitioner had in fact abetted the commission of suicide by the deceased by inducing and instigating her to do the same. The petitioner is in custody since 13.06.2025 with no criminal antecedent .

Learned APP for the State opposed the grant of bail on the basis of allegations made in the First Information Report.

Taking into consideration the above-mentioned facts and circumstances and also considering the possibility of suicide without any apparent instigation, coupled with the period of incarceration, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Patna/concerned Court below in connection with Shrikrishnapuri P.S. Case No. 318 of 2024.

(Soni Shrivastava, J)

anand/- U T