Patna High Court
Dhananjay RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(2), 303(2)
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
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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
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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/-
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