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Patna High Court

Dhananjay Sharma @ Dhananjay TantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Dhananjay Sharma, sought anticipatory bail after the police registered a case alleging his involvement in an assault on a neighbour on 10 March 2025, charging him under several sections of the B.N.S. The prosecution alleged that the petitioner struck the informant with an iron rod, causing the informant to fall. The petitioner contended that the incident was a trivial neighbour dispute, that the injuries were minor, and that he has a clean criminal record. The State opposed the bail application. Considering the minor nature of the alleged injuries, the petitioner’s clean antecedents, and the circumstances, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.S. The order applies if the petitioner is arrested or surrenders within eight weeks of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. given the alleged offences and facts.
  • Whether the nature of the alleged assault and the petitioner’s clean antecedents justify bail.
  • What conditions, if any, should be imposed on the anticipatory bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • Section 482
  • B.N.S.
  • assault
  • clean antecedents
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.19649 of 2026

                       Arising Out of PS. Case No.-88 Year-2025 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Dhananjay Sharma @ Dhananjay Tanti S/o Nand Kishore Tanti Resident of
                 Village- Mamlkha, P.S.- Sabour, Dist.- Bhagalpur

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Rajive Ranjan Singh, Advocate
                                                   Mr. Sadaf Anas, Advocate
                                                   Mr. Shashi Shekhar Shandilya, Advocate
                 For the State            :        Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 352, 351(2) and 3(5) of the B.N.S..

                                  3. As per prosecution case, it is alleged that on

                   10.03.2025, when the informant was sitting in his house, in the

                   meantime, all the F.I.R. named accused persons, including this

                   petitioner, variously armed, came there and started abusing

                   informant. Upon protest, all the accused persons assaulted

                   informant. This petitioner is alleged to have assaulted on the
Patna High Court CR. MISC. No.19649 of 2026(2) dt.07-04-2026
                                            2/3




          head of informant with iron rod as a result of which informant

          fell down.

                        4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. As a matter of fact, both parties are next

          door neighbors and on account of trivial dispute, a simple

          altercation took place between the parties. Doctor has found the

          injuries, allegedly caused by this petitioner, simple in nature.

          Petitioner claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, nature of injuries allegedly caused by this petitioner and

          clean antecedents of the petitioner, the prayer for grant of

          anticipatory bail to the petitioner is allowed.

                        7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioner be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned C.J.M., Bhagalpur in

          connection with Sabour P.S. Case No. 88 of 2025, subject to
             Patna High Court CR. MISC. No.19649 of 2026(2) dt.07-04-2026
                                                         3/3




                       condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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