SUJIT KUMAR DAS vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13382 of 2019
Arising Out of PS. Case No.-85 Year-2018 Thana- KISHANGANJ District- Kishanganj
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Sujit Kumar Das Son of Kishan Lal Das Resident of Mohalla - Loharpatti
Road, Kishanganj,. P.S.- Kishanganj in the district of Kishanganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner : Mr. Sunil Kumar, Adv.
For the Opposite Party : Dr(Mrs.) Indiwar Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 07-09-2026
Heard the parties.
2. This is an application for quashing the order
dated 21.12.2018 passed by learned Sessions Judge,
Kishanganj in S.T. No. 186 of 2018 (arising out of
Kishanganj P.S. Case No. 85 of 2018) by which the petition
filed on behalf of the petitioner under Section 227 of Cr.P.C
has been rejected in most illegal and arbitrary manner
without considering the material fact.
3. The prosecution case is that on 06.02.2018, the
informant, namely, Shyam Kumar Jha submitted a written
application addressing to the SHO, Kishanganj P.S. alleging
therein inter alia that in the morning of 05.02.2018 his

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brother, namely, Ratan Kumar Jha died due to rail accident
and said information was given by him to the police station,
thereafter, Post Mortem of the dead body was conducted and
after that the dead body was handed over to him. It is
further stated that the son and nephew of the deceased
resides outside and after waiting for them the dead body of
the deceased was cremated on 06.02.2018. After cremation
of the dead body the family members of the deceased came
at the house and started to make out further program for his
death ceremony and other rituals. It is further stated that
when the family members started to search out the paper of
the deceased, they found the suicide note of the deceased
kept in Almirah, which revealed that the Bank Manager of his
Branch, namely, Sujit Kumar Das and Sweeper, namely,
Rajeev Kumar Jha were responsible for pressurizing him to
carry out illegal activity in the Bank and also blackmailing
him to cause financial loss to him. Having seen the suicide
note of the deceased by informant as well as his family
members, they got shocked and said information was
provided to the police for taking legal action against both the

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accused.
4. On the basis of aforesaid written application,
police drew up formal information report and registered a
case as Kishanganj P.S. case No. 85 of 2018 for the offence
punishable under Section 306 of the IPC.
5. It is submitted by learned counsel appearing on
behalf of petitioner that the content of the suicide note
cannot be said as to constitute the allegation within the
meaning of abetment as available under Section 107 of the
IPC. It is submitted that the act of petitioner cannot be said
so active or direct which forced the deceased to commit the
suicide without leaving any other option and in support of his
submission learned counsel relied upon the legal report of
Hon’ble Supreme Court as available through Gurcharan
Singh vs. State of Punjab [(2017) 1 SCC 433]. It is
submitted that considering all such matter, this petitioner
was granted bail by learned trial court itself. It is also
pointed out that no forensic examination was done qua
suicide note during the investigations and, therefore, it
cannot be straightway relied upon. It is also submitted that,

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in fact, occurrence was a rail accident, which was given a
colour of suicide by the family members/informant of the
deceased for which, U.D Case was lodged earlier. In view of
all such aforesaid fact, the impugned order rejecting the
petition of petitioner as preferred under Section 227 of the
Cr.PC before the learned trial court is bad in the eyes of law
and, therefore, same be set aside/quashed.
6. Learned APP, Dr. Indiwar Kumari while opposing
the aforesaid submissions submitted that learned counsel
appearing for petitioner raised certain disputed question of
facts which cannot be ascertained at this stage. It is
submitted that even a grave suspicion is sufficient to frame
the charge and as this petitioner was named in suicide note
authored by the deceased himself, same is sufficient to raise
grave suspicion as to frame charges against this petitioner.
In support of his submission learned APP relied upon the
legal report of Hon’ble Supreme Court as available through
Sajjan Kumar Vs. Central Bureau of Investigation
[(2010) 9 SCC 368].
7. In view of aforesaid factual submissions, this

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court is convinced enough that learned counsel for the
petitioner is raising certain disputed questions of facts as
genuineness of the suicide note in want of forensic report
and also the occurrence, whether it was suicide or accident,
which certainly cannot be decided in present proceeding.
8. Accordingly, this court finds no reason to
interfere with the impugned order.
9. Hence, the present petition stands dismissed
being devoid of any merit.
10. Let the copy of this judgment be sent to
learned trial court forthwith, with TCR, if any.

(Chandra Shekhar Jha, J.)
Aniket/-
AFR/NAFR AFR
CAV DATE N/A
Uploading Date 07.09.2026
Transmission Date 07.09.2026