Patna High Court
CR. MISC./43268/2026 of Ganesh Kumar Vs The State of Bihar on 18 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43268 of 2026 Arising Out of PS. Case No.-186 Year-2025 Thana- MOHIUDDIN NAGAR District- Samastipur ====================================================== Ganesh Kumar, son of Nankhi Rai @ Nahnki Ray @ Nanki Ray, Resident of Village -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43268 of 2026
Arising Out of PS. Case No.-186 Year-2025 Thana- MOHIUDDIN NAGAR District- Samastipur ======================================================
Ganesh Kumar, son of Nankhi Rai @ Nahnki Ray @ Nanki Ray, Resident of Village - Kursaha Purab Tola, Ward No.- 7, P.S.- Mohiuddin Nagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Dilip Kumar Roy, Advocate
For the Opposite Party/s :
Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
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ORAL ORDER
18-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Mohiuddin Nagar P.S. Case No. 186 of 2025, registered for the offences under Sections 126(2), 115(2), 109(1), 74, 324(3), 352, 351(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner and other co-accused persons out of jealousy tried to damage the construction of the house of the informant and when the informant retreated to her old house, the petitioner and other co- accused persons armed with lathi, danda, bricks and gadasa attacked the house of the informant and assaulted the informant and her 12 year old son. The allegation against the petitioner is that he struck on the head of the informant with a sharp gadasa causing excessive bleeding. The son of the informant was also assaulted.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence in the manner as alleged has ever taken place. There is land dispute between the informant and the petitioner side and they are closely related. A free fight took place between the two families and both sides received injuries but the petitioner side did not register any case as panchayati had been taking place. This fact is also apparent from the delay in lodging the FIR as occurrence is stated to have been taken place on 21.08.2025, but the FIR has been instituted on 30.08.2025. The injury report of the informant shows a grievous injury due to hairline fracture in left frontal bone but the said injury was caused by hard and blunt object. This falsifies the allegation that the petitioner gave gadasa blow to the informant. There is no allegation of repetition of blow. Hence, no offence under Section 109 of BNS is made out as no attempt on the life of the informant was made. The petitioner is a student aged about 19 years and his career is at stake. The petitioner is in custody since 27.04.2026 and he is having clean antecedent.
5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the absence of any sharp cut injury and also considering the period of custody of the petitioner and further considering submission of charge sheet and clean antecedent of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Patori, Samastipur/ concerned court, in connection with Mohiuddin Nagar P.S. Case No. 186 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
Pallavi/- Anuradha/- (Arun Kumar Jha, J) U T