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Patna High Court

Ghanshyam PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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