Ganesh Prasad v. The State Of Bihar

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 06-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. 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.

3. 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.

4. 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.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. 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.

7. 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.

8. 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