Patna High Court

Ganesh RayversusThe State of Bihar

Decided: 20 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioner, emphasizing the undue delay in trial and the need to protect his right to a speedy trial.

Summary

The petitioner, Ganesh Ray, was arrested on 9 November 2024 in connection with a dowry‑death case (Sections 103, 238 and 3(5) of the BNS) and has been in custody for over a year. He applied for regular bail, claiming he was falsely implicated, was not present at the scene, and was employed in Greater Noida at the time of the alleged offence. The petitioner further argued that only one of the seven charge‑sheeted witnesses had been examined and that the trial had been unduly delayed, violating his right to a speedy trial. The court noted the prolonged period of detention and the prosecution’s failure to progress the case promptly. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to the condition that the petitioner cooperate with the trial proceedings. The order was limited to the bail application and did not prejudice the merits of the underlying criminal case.

Issues considered

Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged.
Whether the delay in trial and the limited examination of witnesses justify granting bail on the ground of the right to a speedy trial.

Legislation cited

BNS — s. 103, 238, 3(5)

Subjects

regular bail
speedy trial
dowry death
criminal procedure
delay in trial
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24132 of 2026
                       Arising Out of PS. Case No.-365 Year-2024 Thana- GORAUL District- Vaishali
                 ======================================================
                 Ganesh Ray S/o Jangbahadur Ray Resident of Village - Khajechand Chapra,
                 P.S - Kathara, District -Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajeev Ranjan No.II
                 For the Opposite Party/s :        Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with S.Tr. No. 194 of 2025

                   arising out of Goraul (Kathara) P.S. Case No. 365 of 2024

                   registered for the offence under Sections 103, 238, 3(5) of the

                   BNS.

                                   3. As per the prosecution case, the petitioner is the

                   husband of the deceased and he is said to have killed the

                   deceased for dowry.

                                   4. The petitioner is in custody since 9.11.2024.

                                   5. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and he has falsely been implicated

                   in this case as he was not present at the place of occurrence on
Patna High Court CR. MISC. No.24132 of 2026(2) dt.20-04-2026
                                            2/3




          which the incident took place and he was working in Greater

          Noida. He further submits that in the trial, out of seven charge-

          sheeted witnesses, only one witness has been examined though,

          charges have been framed on 16.05.2025. He further submits

          that the petitioner has right to speedy trail and the prosecution is

          delaying the trial.

                          6. Considering the period of custody of the

          petitioner and the delay in trail, this application is allowed.

                          7. 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 concerned Court below in connection with S.Tr. No. 194 of

          2025 arising out of Goraul (Kathara) P.S. Case No. 365 of 2024.

                          8. As a condition of this order, the petitioner, after

          being released on bail, is directed to co-operate in the trial either

          by appearing personally or through his lawyer in the trial Court

          on each and every date fixed by the trial Court. Non-compliance

          of the condition will result in cancellation of the bail bonds of

          the petitioner.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at
          Patna High Court CR. MISC. No.24132 of 2026(2) dt.20-04-2026
                                                      3/3




                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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