Patna High Court
Ganesh Kumar @ MonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to monetary sureties and conditions of appearance.
Summary
Ganesh Kumar, the petitioner, was arrested in connection with a murder case (IPC Sections 302 & 34) and an offence under Section 27 of the Arms Act. He contends that he has been falsely implicated, as his name does not appear in the FIR and the only link to him is a confessional statement of co‑accused Laxmi Devi, with no material seized from him. The petitioner has five prior criminal antecedents and has been in custody since 5 April 2025, while another co‑accused was previously granted bail. The State opposed bail, but the Court, noting the lack of direct evidence, the principle of parity with the co‑accused, and the length of custody, decided to grant bail subject to monetary sureties and conditions of appearance. The order releases the petitioner on bail of Rs.15,000 with two sureties and stipulates compliance with trial dates.
Issues considered
- Whether bail should be granted in a murder and arms case when the accused is linked only through a co‑accused's confessional statement and no material is recovered.
- Whether the petitioner’s prior criminal antecedents preclude bail.
- Whether parity with a co‑accused who was previously granted bail warrants granting bail to the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- false implication
- confessional statement
- parity
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61117 of 2025
Arising Out of PS. Case No.-262 Year-2023 Thana- SULTANGANJ District- Bhagalpur
======================================================
Ganesh Kumar @ Monu S/o- Ranjan Poddar Village - Abjuganj, ward no. -11,
P.S. - Sultanganj, Dist. - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with S.T.
No. 595 of 2025, arising out of Sultanganj P.S. Case No. 262 of
2023 instituted for the offence under Sections 302 & 34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. As per the F.I.R., the Pintu Das (deceased), a
Scorpio driver, was shot dead at Abjuganj Chowk in the night by
three unknown persons who had earlier followed a co-villager to
whom he had offered a lift. The informant, father of the
deceased, was informed by the driver’s son, and the deceased
was declared brought dead at Sultanganj Hospital.
4. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.61117 of 2025(2) dt.11-03-2026
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that the petitioner is in custody since 05.04.2025. Petitioner
bears five criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Laxmi Devi. Nothing has been recovered from
the conscious possession of the petitioner. Save and except,
confessional statement, there is no material against the
petitioner. Charge sheet has already been submitted in this case
on 01.10.2023. Other co-accused has been granted bail by a Co-
ordinate Bench of this Court vide order dated 27.01.2025,
passed in Cr. Misc. No. 35185 of 2024.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and claim based
on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.61117 of 2025(2) dt.11-03-2026
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below/concerned Court in connection with S.T. No. 595 of
2025, arising out of Sultanganj P.S. Case No. 262 of 2023,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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