Ghanshyam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86441 of 2025 Arising Out of PS. Case No.-511 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Ghanshyam Kumar Son of Lalbabu Ray Resident of village - Sadhpur, P.O.- Sadhpur, P.S.- Garkha, District - Saran at Chapra 841415. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-01-2026 Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and Mr. Ram Sevak Choudhary, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Marhaurah P.S. Case No. 511 of 2025 registered for the offence(s) punishable under Sections 309(6) of the BNS.
3. As per the allegations made in the FIR, the informant has alleged that on 15.07.2025, while he was present at his jewellery shop, three persons arrived and assaulted the informant and also looted cash amounting to Rs. 50,000 to 60,000 along with two boxes of silver jewellery.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that
Patna High Court CR. MISC. No.86441 of 2025(2) dt.16-01-2026 2/3 petitioner is not named in the FIR and his name has surfaced in this case on the basis of confessional statement of co-accused Ashif Ali @ Bola, with whom petitioner has inimical terms, and confessional statement made before the police has no evidentary value. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also the fact that name of the petitioner has surfaced in this case on the basis of confessional statement made by co-accused and confessional statement made before the police has no evidentiary value, I am of the opinion that petitioner, who is having clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at
Patna High Court CR. MISC. No.86441 of 2025(2) dt.16-01-2026 3/3 Chapra / Concerned Court in connection with Marhaurah P.S. Case No. 511 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T