Patna High Court
Ghanshyam SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Ghanshyam Sah was arrested in connection with a murder case (Puraini P.S. Case No. 228 of 2024) alleged under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The informant, the son of the deceased, claimed the petitioner killed his father over business enmity. The petitioner contended that he was falsely implicated, that no incriminating material was found beyond the suspicion, and that call‑detail records merely showed routine business communication. He also pointed to the bail granted to co‑accused in a similar case and highlighted his clean antecedents and the filing of a charge‑sheet. The State could not refute these submissions, and the Court, noting the lack of substantive evidence and the completed investigation, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted in a murder and arms‑act case where only suspicion exists and a charge‑sheet has been filed
Legislation cited
Subjects
- bail
- murder
- Arms Act
- suspicion
- charge sheet
- parity
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77652 of 2025
Arising Out of PS. Case No.-228 Year-2024 Thana- PURAINI District- Madhepura
======================================================
Ghanshyam Sah S/O Late Asarfi Sah R/o Village- Forsahi, P.S.- Alamnagar,
District-Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Puraini P.S. Case No. 228 of 2024 registered for the offence
under Sections 103(1), 3(5) of the B.N.S. and Section 27 of
Arms Act.
3. The petitioner is named in the F.I.R. and is in
custody since 06.12.2024.
4. As per the FIR, a suspicion was raised by son of
the deceased who is informant of the present case that the
petitioner had committed murder of his father along with
other co-accused persons due to business related enmities
arising out of financial issues.
5. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.77652 of 2025(2) dt.06-02-2026
2/3
petitioner submitted that petitioner falsely implicated with the
present case and save and except suspicions, nothing
transpired during the investigation which suggests any
incriminating material against the petitioner qua his
involvement with the present crime in question. It is pointed
out that admittedly the petitioner was in business relations
with the deceased father of the informant and therefore
calling over mobile phone as transpired from call details report
(C.D.R.) is a normal event and the same could not be the
basis of implications and except it no incriminating materials
in support of involvement of petitioner was surfaced during
investigation. Learned counsel further submits that similarly
situated co-accused namely Shrikant Sharma @ Shrikant Sah
@ Srikant Sah @ Srikant Sharma granted bail by this Court
through Cr. Misc. No. 53274 of 2025 dated 17.09.2025 and
therefore, on the ground of parity, this petitioner deserves the
privilege of bail. While concluding the argument, it is
submitted that petitioner is a man of clean antecedent and
moreover, investigation of this case is completed, for which
charge-sheet has been submitted, as such, there is no chance
Patna High Court CR. MISC. No.77652 of 2025(2) dt.06-02-2026
3/3
of tampering with the evidence.
6. Learned APP for the State could not disputed the
facts as submitted by learned counsel for the petitioner.
7. In view of aforesaid facts and submissions as
save and except suspicion qua enmity arising out of business
transaction of petitioner with deceased (father of the
informant), nothing incriminating appears against the
petitioner, coupled with fact that charge-sheet has already
been submitted, where petitioner is in custody since
06.12.2024, accordingly petitioner above named, is directed
to be released on bail in connection with Puraini P.S. Case No.
228 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of learned District and Sessions Judge,
Madhepura /concerned court, subject to the conditions as
mentioned under Section 480(3) of B.N.S.S.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…