Patna High Court
Ganesh Kumar Rai @ Ganesh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, directing him to furnish a bail‑bond of Rs 10,000 with two sureties.
Summary
The petitioner, Ganesh Kumar Rai, was arrested in connection with a FIR alleging assault on the son of an informant, who later died. He faces charges under Sections 191(2), 190, 103(1), 115(2) and 118(1) of the B.N.S., 2023. The petitioner contended that he was falsely implicated due to a land dispute and that the assault allegation was vague, with no specific overt act attributed to him; he is 65 years old, has a clean record and has been in custody since 8 October 2025. The State opposed bail. Considering the nature of the accusation, the period of custody, the petitioner’s age, clean antecedent and the claim of false implication, the Court ordered his release on bail upon furnishing a bail‑bond of Rs 10,000 with two sureties of the same amount. The order was directed to be complied with by the Assistant Chief Judicial Magistrate‑VII, Darbhanga.
Issues considered
- Whether bail should be granted to the petitioner under the offences charged under the B.N.S., 2023 considering the nature of the accusation, period of custody, age and antecedents.
Legislation cited
- B.N.S., 2023 — s. 103(1), 115(2), 118(1), 190, 191(2)
Subjects
- bail
- criminal procedure
- false implication
- assault
- murder
- Section 191
- Section 190
- Section 103
- Section 115
- Section 118
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89396 of 2025
Arising Out of PS. Case No.-299 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Ganesh Kumar Rai @ Ganesh Jha S/o- Late Ram Lakhan Rai R/v- Susari Ps-
Baheri Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kr. Thakur
Mrs. Vaishnavi Singh
For the Opposite Party/s : Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 191(2), 190, 103(1), 115(2), 118(1) of
the B.N.S., 2023.
3. As per F.I.R., 13 named accused, including
petitioner, assaulted son of the informant, who died on way to
hospital.
4. Learned counsel for the petitioner submits that on
account of existing land dispute, petitioner has been falsely
implicated in this case. Allegation of assault is general and
omnibus and no specific overt has been attributed to this
petitioner. As per post-mortem report, 8 injuries have been
found on the person of deceased. Petitioner is 65 years old,
having clean antecedent, and is in custody since 08.10.2025.
Patna High Court CR. MISC. No.89396 of 2025(2) dt.12-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. - VII, Darbhanga at Laheriasarai in connection with
Baheri P.S. Case No. 299 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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