Patna High Court

Ganesh Kumar @ Ganesh RamversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail, finding that continued pre‑trial detention would be punitive and violate Article 21.

Summary

Ganesh Kumar, accused under Sections 302 and 34 of the Indian Penal Code for a murder case, sought regular bail after being in judicial custody since May 2, 2023. This was his third bail application, having been rejected twice earlier. The court noted that only four of six charge-sheeted witnesses had been examined and the trial was expected to conclude within six months. The petitioner argued that continued pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed bail, but the court held that further detention would be punitive and contrary to Article 21, and therefore granted bail on condition of a Rs. 15,000 bond with two sureties.

Issues considered

Whether bail should be granted to an accused of murder (IPC s.302) and common intention (IPC s.34) despite the seriousness of the offence
Whether prolonged pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

bail
pre‑trial detention
Article 21
IPC 302
IPC 34
criminal procedure
right to liberty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.80014 of 2025
                   Arising Out of PS. Case No.-71 Year-2023 Thana- KIUL RAIL P.S. District- Lakhisarai
                 ======================================================
                 Ganesh Kumar @ Ganesh Ram S/o- Ram Chandra Ram @ Bhakku Ram R/o -
                 Brindavan, P.S - Kiul, District - Lakhisarai
                                                                      ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :        Mr. Anil Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with Rail

                   Kuil P.S. Case No. 71 of 2023, instituted for the offences under

                   Sections 302 and 34 of the Indian Penal Code.

                           3.      This is the third attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by a co-ordinate Bench of this Court

                   vide order dated 18.12.2023 passed in Cr. Misc. No. 65177 of

                   2023 taking into account the nature of allegation and was again

                   rejected by this Court vide order dated 27.01.2025 passed in Cr.

                   Misc. No. 77935 of 2024

                           4.      In compliance of the order dated 21.11.2025, a

                   report dated 16.12.2025 with regard to the present stage of trial
Patna High Court CR. MISC. No.80014 of 2025(3) dt.09-02-2026
                                            2/3




          has been received. From perusal of the aforesaid report, it

          appears that out of six charge-sheeted witnesses, only four

          witnesses have been examined in this case. It is further reported

          that the trial is likely to be concluded within a period of six

          months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 02.05.2023

          without any rhymes or reason and has got no criminal

          antecedent. Learned counsel for the petitioner next submits that

          the continued incarceration of the petitioner without conclusion

          of trial amounts to a gross violation of the fundamental right

          guaranteed under Article 21 of the Constitution of India, which

          reiterated by Hon’ble Apex Court in plethora of Judgments.

                  6.      Learned APP 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, the period of custody undergone by the petitioner and

          taking into account the fact that continued detention of the

          petitioner would serve no purpose other than punitive pretrial

          incarceration, which is antithetical to the spirit of Article 21 of

          the Constitution of India, this Court is inclined to grant bail to

          the petitioner.
             Patna High Court CR. MISC. No.80014 of 2025(3) dt.09-02-2026
                                                         3/3




                                8.     Let the petitioner be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Rail Kuil P.S. Case

                       No. 71 of 2023.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…