Patna High Court
Ghanshyam PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted, subject to a bond and a condition to deposit Rs.5 lakh for the child.
Summary
Ghanshyam Prasad, accused of transferring a deceased's land to his wife and daughter‑in‑law, was charged under Sections 108, 352, 351(2), 79 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, with the alleged harassment leading to the suicide of the deceased's family members. He applied for regular bail, asserting his innocence and offering to deposit Rs.5 lakh for the benefit of an eight‑year‑old surviving child. The State and the informant opposed the bail, but the informant could not produce any material linking the petitioner to the alleged offences. The Court examined the submissions and the lack of substantive evidence, and consequently allowed a provisional bail on a bond of Rs.10,000 with two sureties. The bail is conditioned on the petitioner depositing Rs.5 lakh in a fixed deposit for the child, to be released when the child turns 18, and the provisional bail will be confirmed upon compliance.
Issues considered
- Whether regular bail should be granted to the petitioner accused under the Bharatiya Nyaya Sanhita, 2023.
- Whether there exists sufficient material evidence linking the petitioner to the alleged offences.
- Whether the conditions imposed, including a compensation deposit for the child, are appropriate for granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 351(2), 352, 79
Subjects
- regular bail
- provisional bail
- Bharatiya Nyaya Sanhita
- land transfer
- suicide
- compensation
- child welfare
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73949 of 2025
Arising Out of PS. Case No.-322 Year-2025 Thana- GRIYAK District- Nalanda
======================================================
Ghanshyam Prasad S/O Jai Prakash Resident of Vill.- Purankawan, P.S.-
Hathiyawan, Dist.- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr. Amit Anand
For the Opposite Party/s : Mr. Ram Anurag Singh
For the Informant : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard the learned Senior Counsel for the petitioner,
the learned APP for the State, and the learned counsel for the
informant.
2. The petitioner seeks regular bail in connection with
Giriyak P.S. Case No. 322 of 2025 registered for the offence
under Section(s) 108, 352, 351(2), 79 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have transferred the land belonging to the deceased into the
names of his wife and daughter-in-law, thereby subjecting the
deceased and his family to harassment. It is further alleged that,
as a result of such harassment, the family members of the
deceased, namely Dharmendra Kumar and Soni Devi, consumed
Patna High Court CR. MISC. No.73949 of 2025(4) dt.24-03-2026
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poison and committed suicide.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. Petitioner is in custody since 21.07.2025. He further
submits that there is no material connecting the petitioner with
the crime and the petitioner, without accepting his guilt, is ready
to give a sum of Rs. 5 Lakh to the surviving eight-year-old
child.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
The learned counsel for the informant has not been able to point
out any material to connect the petitioner with the crime.
6. Considering the aforesaid facts and circumstances
and the submission made on behalf of the petitioner this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on Provisional bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Giriyak P.S.
Case No. 322 of 2025 subject to conditions that within three
months of the grant of provisional bail, the petitioner shall
Patna High Court CR. MISC. No.73949 of 2025(4) dt.24-03-2026
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deposit a demand draft of Rs. 5 lakh in the name of the child,
under the guardianship of the maternal uncle with whom the
eight-year-old child is staying. The amount in question shall be
kept in a fixed deposit in a nationalized bank, which shall not be
allowed to be encashed by anyone, including the maternal uncle,
until the child attains the age of 18 years. In case of any
requirement for educational expenses, if the child requires some
amount before attaining the age of 18 years, he is at liberty to
move before this Court for appropriate relief.
8. If the petitioner complies with the aforesaid
condition, the provisional bail granted to the petitioner shall be
confirmed by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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