Patna High Court
Ganesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The bail application was allowed as no specific allegation was made against the petitioner and the period of custody was considered excessive.
Summary
Ganesh Sah was arrested in August 2025 in connection with a case registered under multiple sections of the BNS, 2023, alleging assault on an informant's family. The petitioner claimed innocence and alleged false implication, having been in custody since 03-08-2025. The State opposed regular bail, while the petitioner’s counsel argued that no specific allegation was made against him. The court observed that the prosecution had not identified any distinct charge against the petitioner and considered the length of his pre‑trial detention. Consequently, the bail application was allowed, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple offences under the BNS, 2023
- Whether the absence of a specific allegation against the petitioner justifies the grant of bail
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 127(2), 191(2), 303(2), 351(2), 351(3), 352, 76
Subjects
- bail
- criminal procedure
- false implication
- pre‑trial detention
- BNS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91965 of 2025
Arising Out of PS. Case No.-217 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ganesh Sah S/O Shivji Sah R/O Vill.- Daulatganj Chiktoli,P.S- Bhagwan
Bazar,Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harsh Anuj, Advocate
For the State : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhagwan Bazar P.S. Case No. 217 of 2025 registered for the
offence punishable under Sections 191(2), 126(2), 127(2),
115(2), 118(1), 352, 351(2), 351(3), 76, 109, 303(2) of the BNS,
2023.
3. The case of the prosecution is that 8-10 unknown
criminals had forcible entered in the house of the informant and
assaulted her and her family members.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is in custody since 03.08.2025.
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.91965 of 2025(4) dt.25-03-2026
2/2
prayer for regular bail of the petitioner.
6. The petitioner is accused of injuring the victim.
Considering the fact that no specific allegation has been made
against the petitioner and the period of custody, this application
is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
ACJM 1st Saran at Chapra in connection with Bhagwan Bazar
P.S. Case No. 217 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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