Ghanshyam Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73949 of 2025 Arising Out of PS. Case No.-322 Year-2025 Thana- GRIYAK District- Nalanda ====================================================== Ghanshyam Prasad S/O Jai Prakash Resident of Vill.- Purankawan, P.S.- Hathiyawan, Dist.- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.N. Shahi, Sr. Advocate Mr. Amit Anand For the Opposite Party/s :
Mr. Ram Anurag Singh For the Informant :
Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2026 Heard the learned Senior Counsel for the petitioner, the learned APP for the State, and the learned counsel for the informant.
2. The petitioner seeks regular bail in connection with Giriyak P.S. Case No. 322 of 2025 registered for the offence under Section(s) 108, 352, 351(2), 79 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged to have transferred the land belonging to the deceased into the names of his wife and daughter-in-law, thereby subjecting the deceased and his family to harassment. It is further alleged that, as a result of such harassment, the family members of the deceased, namely Dharmendra Kumar and Soni Devi, consumed
Patna High Court CR. MISC. No.73949 of 2025(4) dt.24-03-2026 2/3 poison and committed suicide.
4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. Petitioner is in custody since 21.07.2025. He further submits that there is no material connecting the petitioner with the crime and the petitioner, without accepting his guilt, is ready to give a sum of Rs. 5 Lakh to the surviving eight-year-old child.
5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the prayer for bail. The learned counsel for the informant has not been able to point out any material to connect the petitioner with the crime.
6. Considering the aforesaid facts and circumstances and the submission made on behalf of the petitioner this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be released on Provisional bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Giriyak P.S. Case No. 322 of 2025 subject to conditions that within three months of the grant of provisional bail, the petitioner shall
Patna High Court CR. MISC. No.73949 of 2025(4) dt.24-03-2026 3/3 deposit a demand draft of Rs. 5 lakh in the name of the child, under the guardianship of the maternal uncle with whom the eight-year-old child is staying. The amount in question shall be kept in a fixed deposit in a nationalized bank, which shall not be allowed to be encashed by anyone, including the maternal uncle, until the child attains the age of 18 years. In case of any requirement for educational expenses, if the child requires some amount before attaining the age of 18 years, he is at liberty to move before this Court for appropriate relief.
8. If the petitioner complies with the aforesaid condition, the provisional bail granted to the petitioner shall be confirmed by the Court below.
(Sandeep Kumar, J) Shishir/- U T