Patna High Court
Dhanjay Kumar @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Dhanjay Kumar, sought anticipatory bail fearing arrest in a case registered under multiple sections of the BNS, 2023, alleging serious offences. The informant’s complaint described a violent incident involving several accused, with the petitioner only alleged to have assisted in strangling a victim, which he contended was ornamental and that he has a clean antecedent. The petitioner argued that he was falsely implicated and cited a similar anticipatory bail order granted to other accused in a related matter. The State opposed the bail application. The court, after considering the submissions, granted anticipatory bail on the condition of furnishing bail bonds and sureties, invoking Section 482(2) of the BNSS, and imposed standard conditions for the period of six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the serious nature of the alleged offences.
- Whether the petitioner’s alleged involvement is merely ornamental and warrants bail.
Legislation cited
Subjects
- anticipatory bail
- false implication
- Section 482
- bail conditions
- Bihar High Court
- criminal offences
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18865 of 2026
Arising Out of PS. Case No.-393 Year-2024 Thana- CHIRAIYA District- East Champaran
======================================================
Dhanjay Kumar @ Dhananjay Kumar S/O Jagan Rai @ Jagan Ray Resident
of Village- Aamgachhi, P.S- Chiraiya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Harsh Shashwat, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 117(2), 110, 74, 352 and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that on 05.10.2024 at 06:00 PM, the accused Kishan
came and started peeping through the window and when her
uncle Budhan tried to apprehend him, he fled, thereafter
petitioner along with other accused persons came and Kishan
gave orders to kill, on which Manish and petitioner dashed
Budhan on ground and tried to strangulate him by a towel, while
Kishan assaulted the informant by farsa causing injury on head
Patna High Court CR. MISC. No.18865 of 2026(2) dt.06-04-2026
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and Manish assaulted by knife causing injury on head of the
informant, thereafter Rajendra assaulted the informant by lathi
causing fracture of jaw, it is next alleged that accused persons
also assaulted those who came to save them and named accused
acted inappropriately with female members of the family.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant, it is also submitted that specific allegation of
assaulting the informant by farsa is against Kishan while
Manish is alleged to have assaulted the informant by knife
causing injury on head and Rajendra assaulted the informant by
lathi causing fracture of jaw. It is next submitted that as far as
petitioner is concerned, the allegation against him is ornamental
i.e. he is alleged to have tried to strangulate Budhan along with
Manish. It is reiterated and submitted that petitioner is a person
with clean antecedent. It is next submitted that Shiv Nath Rai
along with 6 others had approached this Court seeking
anticipatory bail by filing Criminal Miscellaneous No. 6401 of
2025 and the same came to be allowed by an order dated
19.02.2025 passed by a learned Co-ordinate Bench. It is next
submitted that the case of the petitioner, if not akin, is similar to
them.
Patna High Court CR. MISC. No.18865 of 2026(2) dt.06-04-2026
3/3
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Chiraiya P.S. Case No. 393 of 2024 subject to the
conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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