Ganesh Kumar @ Ganit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66660 of 2025 Arising Out of PS. Case No.-270 Year-2022 Thana- NAGAR District- Vaishali ====================================================== Ganesh Kumar @ Ganit Kumar S/O Late Umesh Thakur Resident of Mohalla-Pataleshwar Mandir, Bharat Raut Katra, Police Station-Hajipur, District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan, Adv.

For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur (Town) P.S. Case No. 270 of 2022 instituted for the offences under Sections 302/34 of the Indian Penal Code.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of brutally assaulting the injured Dhiraj Kumar. It is alleged that the accused Lakhan Kumar inflicted knife blow upon the injured due to which he sustained grievous injury and, later on, died in course of his treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.66660 of 2025(2) dt.25-09-2025 2/3 against him and has falsely been implicated in the present case merely on the basis of suspicion. There is no eye-witness to the alleged occurrence. The Informant is also not the eye-witness. The petitioner was not apprehended on the spot and his name has surfaced in this case in course of investigation on the basis of disclosures made by the apprehended co-accused Kishan Das and Vicky Kumar. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation of inflicting knife blow is upon the co-accused Lakhan Kumar. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 24.04.2025 without any rhymes or reason. Learned counsel for the petitioner again submits that the co-accused namely Mangal Kumar has been granted bail by a Co-ordinate Bench of this Court vide order dated 15.09.2023 passed in Cr. Misc. No. 60811 of 2023.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the petitioner, the

Patna High Court CR. MISC. No.66660 of 2025(2) dt.25-09-2025 3/3 petitioner having no criminal antecedent as also there being no specific allegation of assault against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur (Town) P.S. Case No. 270 of 2022.

(Rudra Prakash Mishra, J) rishi/- U T