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Patna High Court

Dhananjay RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner subject to a bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Dhananjay Ray, applied for bail after being implicated in a murder case registered under Sections 103(2) and 303(2) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the deceased’s mother suspected the petitioner among five accused persons of murdering her son, based largely on suspicion and prior quarrels. The petitioner’s counsel argued that there were no eyewitnesses, the deceased and his brother were known drug users who often fought, and that the petitioner, a 62‑year‑old man with a clean record, was only a distant relative of the informant. The State, represented by an Additional Public Prosecutor, opposed bail. Considering the lack of concrete evidence, the petitioner’s clean antecedent, and the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to a six‑week surrender period.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case registered under Sections 103(2) and 303(2) of the Bharatiya Nyaya Sanhita.
  • Whether the allegations against the petitioner amount to mere suspicion without substantive evidence.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • murder
  • suspicion
  • clean antecedent
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.21368 of 2026
                           Arising Out of PS. Case No.-739 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Dhananjay Ray S/O Late Shravan Ray @ Late Sarwa Ray @ Late Sar-
                 wananda Ray Resident of Village- Khaspur Math, P.S- Maner,Dist- Patna

                                                                                     ... ... Petitioner/s
                                                          Versus
           1.    The State of Bihar
           2.    Budhiya Devi W/O Ranjan Rai @ Sanjay Kumar Resident of Village-
                 Khaspur Math, P.S- Maner,Dist- Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s              :        Mr. Manoranjan Kumar, Advocate
                 For the Opposite Party/s          :        Mr. Santanu Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   01-07-2026                      Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case regis-

                   tered under Sections 103(2) and 303(2) of Bharatiya Nyaya San-

                   hita.

                               3. As per prosecution case, on the fateful day, the infor-

                   mant had went for the work and upon return, found her son to be

                   in unconscious state, took him to the hospital but was declared

                   dead. She suspects that 5 named accused persons including the

                   petitioner have involved in the murder of her son as previously

                   they used to quarrel with her.

                               4. Learned counsel for the petitioner submits that peti-
Patna High Court CR. MISC. No.21368 of 2026(4) dt.01-07-2026
                                            2/3




          tioner is innocent and has falsely been implicated in this case

          only on the basis of suspicion. He next submits that during the

          investigation, not a single eye-witness to the occurrence came

          up and from the case diary it appears that the deceased and his

          elder brother used to consume smack and used to fight among

          themselves. He also submits that petitioner is the Bhaisur of the

          informant and after the partition which took place 10 years ago,

          petitioner and informant are living separately. Learned counsel

          for the petitioner further submits that there is no specific allega-

          tion against the petitioner. Co-accused Babita Devi has been

          granted anticipatory Bail by a Co-ordinate Bench of this Court

          vide order dated 29.04.2026 passed in Cr. Misc. No. 13921 of

          2026. He next submits that petitioner is an old man, aged about

          62 years, having no criminal antecedent. He undertakes to co-

          operate in the investigation and trial.

                          5. Learned A.P.P. appearing on behalf of the State

          opposed the bail application.

                          6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, na-

          ture of allegation and clean antecedent of petitioner, let the

          above named petitioner be released on bail, in the event of arrest

          or surrender before the learned Court below within a period of
            Patna High Court CR. MISC. No.21368 of 2026(4) dt.01-07-2026
                                                        3/3




                      six weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount to

                      the satisfaction of learned Judicial Magistrate, 1st Class, Dana-

                      pur (Patna) /concerned Court in connection with Maner P.S.

                      Case No. 739 of 2025 subject to the conditions as laid down un-

                      der Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
Koustav/-

U      T


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