Patna High Court
Ganesh Kumar Sah @ Ganesh Kumar Sahu @ Ganesh SahuversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Ganesh Kumar Sah was arrested in connection with a mob assault that resulted in the death of the victim’s father, and was charged under several sections of the Indian Penal Code, including 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109, 352 and later 103(1). The petitioner pleaded innocence, arguing that the FIR primarily implicated two other accused and that no specific overt act was attributed to him, merely that he was a member of the mob. He also highlighted that a co‑accused in a similar case (Cr. Misc. No. 7080 of 2026) had been granted bail, and he had been in judicial custody since 3 September 2025. The State opposed the bail on the ground of the seriousness of the offences. After considering the submissions, the court granted regular bail on a bond of Rs 10,000 with two sureties, directing release subject to the satisfaction of the Additional Chief Judicial Magistrate.
Issues considered
- Whether the petitioner, charged with multiple serious offences, is entitled to regular bail despite the gravity of the alleged crime
- Whether the absence of a specific overt act against the petitioner justifies bail
- Whether the precedent of bail granted to a similarly situated co‑accused is applicable
Legislation cited
- Indian Penal Code — s. 103, 109, 115, 117, 126, 190, 191, 352
Subjects
- regular bail
- criminal procedure
- Indian Penal Code
- mob assault
- precedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8658 of 2026
Arising Out of PS. Case No.-410 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Ganesh Kumar Sah @ Ganesh Kumar Sahu @ Ganesh Sahu S/O Ratan Sahu
R/o - Danhan Darhar,( West Bari Tole), P.S - Bahadurpur, District -
Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 191(2),
191(3), 190, 126(2), 115(2), 117(2), 109 and 352 of BNS. Later
on, Section 103(1) of BNS was added.
3. The case of the prosecution is that the informant’s
father was surrounded and brutally assaulted at Mohini Chowk by
the named accused persons using iron rod, bricks, bamboo and
sticks, resulting in severe head injuries. Thereafter, he died during
course of his treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
Patna High Court CR. MISC. No.8658 of 2026(2) dt.17-02-2026
2/2
FIR, it is clear that the main thrust of allegation is against Rama
Paswan and Raushan Sahu. No any specific overt act has been
attributed against the petitioner. Petitioner is only the member of
mob. Learned counsel has also submitted that similarly situated
co-accused person has already been granted bail by learned co-
ordinate Bench of this court vide Cr. Misc. No. 7080 of 2026. The
case of this petitioner stands on similar footing. Moreover, the
petitioner is languishing in judicial custody since 03.09.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bahadurpur P.S. Case No. 410 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate IX, Darbhanga.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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