Patna High Court
Ganesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner.
Summary
Ganesh Sah applied for bail in a criminal miscellaneous case registered under Sections 103, 61(2), 238 and 3(5) of the B.N.S., 2023 concerning the alleged killing of a maternal granddaughter. The petitioner was not named in the FIR; his name surfaced only in the confessional statement of co‑accused Nishi Kumari, who had previously been granted bail. He asserted that there is no direct or indirect participation in the alleged offence and highlighted his clean antecedents, having been in custody since 18‑09‑2025. The State opposed the bail on the ground of the seriousness of the offences. After considering the material on record, the court ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether a person whose name appears only in a co‑accused's confessional statement and not in the FIR is entitled to bail under the B.N.S., 2023.
- Whether the nature of the offences and the period of custody justify denial of bail.
- Whether the conditions of bail (bond and sureties) are adequate.
Legislation cited
- B.N.S., 2023 — s. 103, 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- B.N.S. 2023
- confessional statement
- co‑accused
- clean antecedent
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91555 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- DARAUNDA District- Siwan
======================================================
Ganesh Sah S/o Late Ramchandra Sah R/o Village -Sherpur, P.S - Daraunda,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sauravh Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard the parties.
2. Petitioner seeks bail in a case registered for the
offences punishable under Sections 103, 61(2), 238, and 3(5) of
the B.N.S., 2023.
3. As per the prosecution case , informant suspects
that FIR named accused persons killed her maternal
granddaughter.
4. Learned counsel for the petitioner submitted that
this petitioner is not named in the FIR and his name emerged in
the case during investigation in the confessional statement of
co-accused Nishi Kumari who has already been granted bail by
this Hon’ble Court vide order dated 09.12.2025 in Cr. Misc. No.
84831 of 2025 . There is no allegation of direct or indirect
participation of the petitioner in commission of alleged offence .
Petitioner claims clean antecedent and is in custody since
18.09.2025 .
5. Learned A.P.P. for the State opposed the prayer for
grant of bail to the petitioner.
Patna High Court CR. MISC. No.91555 of 2025(2) dt.13-02-2026
2/2
6. Considering the facts of the case , material
available on record and custody of the petitioner, 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 the learned ACJM- VI Siwan in
Daraundha Police Station Case No. 372 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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