Hemant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21521 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

Hemant Kumar son of Ajit Singh R/O Raitola, Sambhu Chak, PSKalyanpur, Dist -East Champaran 2.

Bhanu @ Bhanu Pratap Son of Virendra Prasad yadav village- Chakia, PsChakia, Dist- East Champaran 3.

Ambrish Kumar @ Amresh Tiwary Son of Adya Kant Tiwary villageKachahari Tola, Ward no. 11, Ps- Dhumnagar, Dist- West Chamaparan 4.

Avinash Kumar @ Avinash Kumar Singh Son of Lakshmi Prasad villagePakadi Dayal, Ward no. 07, Ps- pakari Dayal, dist- East Champaran 5.

Naresh Kumar @ Naresh Sah son of Madan Sah village- Fulwariya, Sahadatpur, Ward no. 7, Ps- Lauria, Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mrs. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending arrest in connection with Chautarva P.S. Case No. 34 of 2025, dated 05.02.2025, lodged under Section 108 of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

3. As per the prosecution, FIR has been lodged against six named accused persons, including the present petitioners, against whom it has been alleged by the informant that the death

Patna High Court CR. MISC. No. 21521 of 2025(2) dt.23-04-2025 2/3 of the victim (the informant's son) was caused. A suicide note was left behind, in which the names of six persons were mentioned.

4. Learned senior counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel further submits that from the contents of the FIR, it becomes crystal clear that the informant's son was an employee of RBL Finserve Pvt. Ltd., Chautarva branch, and in the suicide note, he made allegations against six staff members of the said company. Counsel further submits that there is absolutely no direct allegation against the petitioners, save and except the suicide note. Counsel further submits that the petitioners were officials of the company, and scrutiny of work is part of their employment duties. Counsel further submits that for the wrong done by the victim, he was suspended, and disciplinary action was also initiated against him.

Counsel further submits that such type of situations have already been dealt with by the Hon'ble Supreme Court of India in various cases. Counsel further submits that making accused to the officials working in the petitioners' branch is not correct. Counsel further submits that name of petitioners who are officials of the company has come in this case, and therefore, they shall have to face the trial.

Patna High Court CR. MISC. No. 21521 of 2025(2) dt.23-04-2025 3/3 such, anticipatory bail may be granted to them, subject to any conditions that this Hon'ble Court may deem fit to impose.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the names of the petitioner is mentioned in the suicide note, and pressure has been made by the officials.

6. As such, in the present facts and circumstances of the case, and considering the fact that the petitioners are employees of the said company where proceedings were ongoing against the victim, this Court is of the view that the above-named petitioners be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each, as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., West Champaran, in connection with Chautarva P.S. Case No. 34 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Aman Kumar/- U T