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Patna High Court

Ganesh Sahu @ Ganesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application and ordered the petitioner’s release on bail.

Summary

The petitioner, Ganesh Sahu, applied for bail in a criminal case registered under multiple sections of the B.N.S. for allegedly assaulting an informant with a weapon. The prosecution alleged a serious assault, while the petitioner claimed the incident was a petty dispute resulting in mutual injuries and asserted innocence. The State opposed the bail, emphasizing the charges and the petitioner’s custody since 21‑11‑2025. The court considered the existence of case and counter‑case, the nature of the allegations, and the length of custody, and found no compelling reason to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail in a case registered under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of the B.N.S. despite the seriousness of the alleged assault and the period of custody.

Legislation cited

  • B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • custody
  • case and counter-case
  • B.N.S. sections

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.9933 of 2026
                   Arising Out of PS. Case No.-196 Year-2025 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Ganesh Sahu @ Ganesh Sah Son of Late Sukhdev Sah @ Sukhdev Sahu
                 Resident Of Village -Chatar Ps- Kusheshwar sthan District -Darbhanga

                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :       Mr. Alok Kumar Jha, Advocate
                 For the State          :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 126(2), 115(2), 117(2),

                   109(1), 303(2), 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted on the head of informant with Farsa.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   As a matter of fact, on account of petty dispute, simple

                   altercation took place between the parties in which both sides

                   sustained injuries. There is case and counter-case. Moreover,

                   charge-sheet has already been submitted and petitioner is in
             Patna High Court CR. MISC. No.9933 of 2026(2) dt.18-02-2026
                                                         2/2




                       custody since 21.11.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, case and counter-case between the parties and period of

                       custody, the prayer for grant of bail to the petitioner is allowed.

                                    7. Accordingly, 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 S.D.J.M., Biraul, Darbhanga in

                       connection with Kusheshwar Sthan P.S. Case No. 196 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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