Patna High Court
Ghanshyam KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Ghanshyam Kumar was arrested in connection with a murder, attempted murder and theft case (IPC sections 328, 302 and 379) arising from the death of a passenger at Patna Junction. He had been in custody since 21 April 2024 and sought bail, undertaking to appear before the trial court and not engage in any criminal activity. The State opposed bail on the ground of his criminal antecedents. The High Court, noting the length of pre‑trial detention and the petitioner’s undertaking, decided to grant bail subject to strict conditions including a cash bond, sureties, regular appearance before the trial court and police, and a prohibition on tampering with witnesses or evidence. The order also empowered the State to seek immediate cancellation of the bail bond if any condition is violated.
Issues considered
- Whether bail should be granted to an accused charged with murder, attempt to murder and theft despite alleged criminal antecedents
- Whether the duration of pre‑trial custody and the petitioner’s undertaking justify bail
- What conditions are appropriate to secure the trial and prevent interference with evidence
Legislation cited
- Indian Penal Code — s. 302, 328, 379
Subjects
- bail
- pre‑trial detention
- IPC sections 328, 302, 379
- criminal antecedent
- court conditions
- witness tampering
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29657 of 2025
Arising Out of PS. Case No.-219 Year-2024 Thana- PATNA GRP CASE District- Patna
======================================================
Ghanshyam Kumar S/o Dinesh Kewat R/o- Bakra Ward No. 03, P.S.- Bind,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopesh Raj, Adv.
Mrs. Kanchan Kumari, Adv.
For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 13-02-2026 Heard Mr. Gopesh Raj, learned counsel for the
petitioner duly assisted by Mrs. Kanchan Kumari and the State.
2. The petitioner is in custody in connection with
Patna G.R. P.S. Case No. 219 of 2024 with STR No. 1192 of
2024 for the offence punishable under sections 328, 302 and 379
of the Indian Penal Code lodged on 31.03.2024 by the
informant, Swayambar Paswan.
3. As per the prosecution story, the informant alleged
that his son arrived at Patna by train from Maharashtra,
informed the family about his arrival but later, got a call that he
is lying unconscious on platform no. 10 on Patna Junction. The
police rushed him to P.M.C.H. Patna where he died, his
belongings were also missing. This led to the FIR.
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4. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 21.04.2024, if
granted relief, he undertakes not to indulge in any criminal
activity and shall ensure his presence on each and every date
before the Trial Court. Failure to do so, steps can be taken for
cancellation of his bail bond
5. Learned APP opposes the prayer for bail submitting
that he has criminal antecedent.
6. Learned counsel for the petitioner submits that for
that, he has already suffered and undertakes not to do any such
criminal act in future. It has also been informed by learned
counsel for the petitioner that one Mahesh Kewat has been
extended relief by a Co-ordinate Bench in Cr. Misc. No. 22583
of 2025 on 23.07.2025.
7. Let the same be kept on record.
8. Considering the submissions of the parties as also
the fact that he has remained in custody since 21.04.2024, an
undertaking has been given that he shall be diligently appearing
in trial and shall not indulge in any criminal activity, in that
background, this Court is inclined to extend him the privilege of
bail with conditions.
9. If however, he fails to abide by the terms and
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conditions as undertaken, the State shall take immediate steps
for cancellation of the bail bond.
10. Let the petitioner be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of like amount each to the satisfaction of learned
A.D.J. XXXII, Patna in connection with Patna G.R. P.S. Case
No. 219 of 2024 with STR No. 1192 of 2024 subject to the
following conditions:
(i) one of the bailor should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight till the conclusion of the trial to
mark his attendance and at the end of the period, the certificate
be submitted to the Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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