Ganesh Prasad Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Ganesh Prasad Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Muffasil P.S. Case No. 637 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, Ganesh Prasad, is entitled to be released on bail in Muffasil P.S. Case No. 637 of 2025, registered for offences punishable under Sections 103(1), 3(5) and 61(2) BNS.

Court's answer

Bail granted having regard to the circumstantial nature of the evidence and because the specific allegation is against co-accused Rahul Kumar, who has already been granted bail by a Co-ordinate Bench of this Court vide order dated 04.05.2026 in Cr. Misc. No. 18684 of 2026.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Muffasil P.S. Case No. 637 of 2025, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Key takeaways

Any observation made in the order is prima facie, limited solely to adjudication of the bail application, shall not be construed as an expression on the merits, and shall not influence the trial or any other proceedings.obiter¶¶24

Detailed headnote1 paragraphs

Bail granted. The Patna High Court (Ansul, J.; order dated 06-05-2026 in Criminal Miscellaneous No. 30076 of 2026) allowed the prayer of Ganesh Prasad for bail in Muffasil P.S. Case No. 637 of 2025 (Thana Motihari Mufassil, District East Champaran), registered for offences punishable under Sections 103(1), 3(5) [printed as '3(50'] and 61(2) BNS, arising from an FIR alleging that Rahul Kumar (son of the petitioner) and Devender Prasad took away the informant's son Mantu Kumar, whose dead body was recovered the next day. The grant rested on the circumstantial nature of the evidence and parity with co-accused Rahul Kumar, already enlarged on bail by a Co-ordinate Bench vide order dated 04.05.2026 in Cr. Misc. No. 18684 of 2026. The petitioner was directed to furnish a bail bond of Rs. 10,000/- with two sureties of the like amount to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to conditions under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. All observations were declared prima facie and confined to the bail application, not to influence the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30076 of 2026

Arising out of PS. Case No.-637 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran

======================================================

Ganesh Prasad S/O Late Manuroop Prasad R/O Vill.- Godhwa, P.s.- Muffasil, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANSUL

ORAL ORDER

2 06-05-2026

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner seeks bail in Muffasil P.S. Case No. 637 of 2025 registered for the offences punishable under Sections 103(1), 3(50 and 61(2) BNS.

The allegation levelled in the FIR is that Rahul Kumar son of Ganesh Prasad (Petitioner) and Devender Prasad came to the house of the informant and took his son Mantu Kumar for visiting fair. When he attempted to restrain his son from going there they took him away. On the next day, his dead body was recovered.

Learned Counsel for the petitioner submits that son of the informant was in love with the daughter of the petitioner and the deceased had earlier entered in the house and was

Patna High Court CR. MISC. No.30076 of 2026(2) dt.06-05-2026 2/3

caught therein. Some of the witnesses have stated that case has been attempted to be made out at a later stage.

Learned Additional Public Prosecutor for the State

has vehemently opposed the prayer for bail of the petitioner.

Considering the circumstantial nature of evidence and that specific allegation is against Rahul Kumar who has already been granted bail by a Co-ordinate Bench of this court vide order dated 04.05.2026 passed in Cr. Misc. No. 18684 of 2026, this Court is inclined to grant bail to the petitioner.

Let the petitioner, above named, 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Muffasil P.S. Case No. 637 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed

Patna High Court CR. MISC. No.30076 of 2026(2) dt.06-05-2026 3/3

as an expression on the merits of the case and shall not influence the trial or any other proceedings in any

manner.

(Ansul, J)

Vikash/-

U T