Ganesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62308 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- GOPALPUR District- Patna ====================================================== Ganesh Kumar S/O Rameshwar Yadav R/O Village- Balwapar, P.SDhanarua, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Neeraj Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 115 of 2024 instituted for the offences under Section 363 of the Indian Penal Code.
3. Earlier vide order dated 20.11.2024 passed in Cr. Misc. No. 70442 of 2024 the prayer for grant of bail to the petitioner was rejected by this Court taking into account the ample material against the petitioner to show the involvement of the petitioner in the alleged occurrence.
4. Prosecution case, in short, is that on the alleged date and time, the son of the informant namely, Rishabh Kumar as well as his neighbour's son namely, Kunal Kumar went missing
Patna High Court CR. MISC. No.62308 of 2025(4) dt.24-09-2025 2/3 and could not be traced.
5. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 31.03.2024 and there is no significant progress in the trial and there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. As per the report dated 10.09.2025 sent by the learned court below, the prosecution has brought three witnesses in the case and three witnesses including Doctor and IO are to be examined from prosecution side. Learned court below has further reported that trial is likely to be concluded in the next 3 to 4 months.
8. Having considered the submissions made on behalf of the parties, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court and also taking into account the present stage of trial, this Court is not inclined to grant bail to the petitioner.
9. Accordingly, the prayer for grant of bail to the
Patna High Court CR. MISC. No.62308 of 2025(4) dt.24-09-2025 3/3 petitioner is, hereby, rejected.
10. Learned Trial Court is directed to expedite the trial.
11. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of three months from today.
(Rudra Prakash Mishra, J) Alok Verma/- U T