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2026 DAILYLAW 13402 (PAT)

Rahul Kumar v. The State of Bihar

CR. MISC./33530/2026 · 2026-05-19

Sourendra Pandey

Transfer Petitionbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33530 of 2026 Arising Out of PS. Case No.-5 Year-2026 Thana- KADAMKUAN District- Patna ====================================================== 1. Rahul Kumar, Son of Mahadev Vishwakarma, Resident of village- Karanja, Post- Karanja, P.S.- Naubatpur, Patna, Bihar-801109 2. Rishu Raj, Son of Pramod Kumar, Resident of C/o Pramod Kumar, Ranipur Road, Brahmapur, Phulwari Sharif, Patna-801505 ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Puneet Siddhartha, Advocate Mr. Tarun Sagar, Advocate Mr. Chandra Mohan, Advocate Mr. Aryan Sinha, Advocate Mr. Shivam Raj, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 19-05-2026 Heard learned counsel for the petitioners and learned APP for the State through virtual mode. 2. The petitioners seek bail in anticipation of their arrest in connection with Kadamkuan P.S. Case No. 05 of 2026, instituted for the offences punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case is based on the FIR lodged by the informant, namely, Sanjay Kumar, who has alleged that on 29.12.2025, at around 06-07 am, his son, namely, Rishi Kumar, was found hanging. It has further been alleged that the police was informed and it was later found that the deceased had sent a Patna High Court CR. MISC. No.33530 of 2026(2) dt.19-05-2026 2/4 text message to one of his friend, namely, Arnav, that he will commit suicide and the petitioner no. 1, namely, Rahul Kumar was solely responsible for the said act. It has been next submitted that the petitioner no. 2, namely, Rishu Raj was also instrumental in giving pressure to the deceased Rishi Kumar on account of which he had committed suicide. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case on the basis of the text message sent from the mobile of the deceased/Rishi Kumar to his friend, namely, Arnav. It has further been submitted that, in fact, prior to the said incident on 28.12.2025, Rishi Kumar, since deceased, had illegally booked three complimentary tickets and had received the money from customers, and had kept the same with him. It has next been submitted that he had sold the said complimentary tickets without authorization using credentials of a different employees and had collected cash in lieu thereof. It is stated that later on during reconciliation and checking of the CCTV footage, it was found that the deceased/Rishi Kumar had indeed received cash in lieu of the complimentary tickets and had admitted his misconduct and gave resignation, as contained in Annexure-P/2 of the present application. It is contended that there was no Patna High Court CR. MISC. No.33530 of 2026(2) dt.19-05-2026 3/4 pressure whatsoever either from the petitioner no. 1 or petitioner no. 2, in fact, petitioner no. 2 was not even present on the said date which can also be ascertained from perusal of the documents which has been brought on the record by way of Annexure-P/6. The learned counsel for the petitioners thus submits that the said Rishi Kumar had committed suicide on account of his guilt of being caught with respect to his misconduct and since he had given his resignation probably out of such misappropriation, the said incident had occurred for which the petitioners cannot be saddled with any liability. It has lastly been submitted that the petitioners have clean antecedent. 5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail and stated that the petitioners were instrumental in pressurizing the said Rishi Kumar, who had committed suicide due to the pressure given by the petitioners. 6. Considering the facts aforesaid, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount, each to the Patna High Court CR. MISC. No.33530 of 2026(2) dt.19-05-2026 4/4 satisfaction of the learned Judicial Magistrate 1st Class, XIV, Patna Sadar, in connection with Kadamkuan P.S. Case No. 05 of 2026, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions :- (i) One of the bailors will be a close relative of the petitioners and the other shall be a local resident: (ii) The petitioners will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court and shall cooperate in the investigation; (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will liable to be cancelled by the Court concerned; (iv) The Court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification. 7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. 8. The petition stands disposed of accordingly. krishna/deepak/- (Sourendra Pandey, J) U T