Patna High Court
Dhananjay Kumar @ Dhananjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs. 10,000 and specified conditions.
Summary
The petitioner, Dhananjay Kumar, was arrested in connection with a kidnapping, extortion of Rs. 3 lakh, and possession of arms, charged under Sections 310(4), 310(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 25(1‑b)a, 26, 35 of the Arms Act. He has been in custody since 31 October 2025. The prosecution’s case is based largely on the statements of co‑accused who were apprehended at the scene, and no direct material links the petitioner to the crime. The petitioner argued that he has a clean antecedent and was implicated only through the co‑accused’s disclosure, noting that another co‑accused had already been granted bail. The court considered these facts, the seriousness of the offences, and the petitioner’s clean record, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping, extortion and possession of arms under the Bharatiya Nyay Sanhita and Arms Act.
- Whether the evidence, primarily based on co‑accused statements, is sufficient to deny bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyay Sanhita, 2023 — s. 310(4), 310(5)
Subjects
- bail
- kidnapping
- extortion
- arms possession
- criminal antecedent
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25328 of 2026
Arising Out of PS. Case No.-704 Year-2025 Thana- MADHAURAH District- Saran
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Dhananjay Kumar @ Dhananjay Mahto S/o- Dharamnath Mahto Resident of
Village- Piyar Purwa PS- Marhawarh, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adesh Raj Singh, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-04-2026 Heard Mr. Adesh Raj Singh, learned counsel for the
petitioner as well as Mr. Nawal Kishore Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 31.10.2025
in connection with Marhowrah P.S. Case No. 704 of 2025, F.I.R.
dated 20.10.2025 for the offences punishable under Sections
310(4), 310(5) of the Bharatiya Nyay Sanhita, 2023 and 25(1-b)a,
26, 35 of Arms Act.
3. According to prosecution case,on secret information
when the police reached the place of occurrence, they saw
miscreants fleeing away. Police apprehended some of them, then
from the possession of accused persons, knives, pistol, one live
cartridge, one motorcycle, etc were recovered. The accused persons
confessed that they have kidnapped on Parbindra Paswan and
extorted Rs. 3 Lakh from his family and the money is kept with the
petitioner and other accused persons.
Patna High Court CR. MISC. No.25328 of 2026(2) dt.18-04-2026
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4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been implicated in
the present case. He further submits that petitioner was not
apprehended at the place of occurrence and his name transpired on
the basis of disclosure made by apprehended accused person,
namely, Pramod Kumar Mahto and except the aforesaid, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He next
submits that the one of the co-accused, namely, Ranjan Kumar who
was apprehended at the place of occurrence has been granted the
privilege of bail by the co-ordinate Bench of this Court vide order
dated 17.04.206 in Cr. Misc. No. 25554 of 2026. He further submits
that the police after investigation submitted the charge sheet against
the petitioner and the petitioner is in custody since 31.10.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and his name transpired on the basis
of disclosure made by apprehended co-accused person and similarly
situated co-accused person has been granted the privilege of bail by
the co-ordinate Bench of this Court,let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.25328 of 2026(2) dt.18-04-2026
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satisfaction of the learned 1st Class, Judicial Magistrate, Saran,
Chapra in connection with Marhowrah P.S. Case No. 704 of 2025,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court and
shall remain physically present as directed by the court and on his
absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall verify
the criminal antecedent of the petitioner and in case at any stage it
is found that the petitioner has concealed his criminal antecedent,
the court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in the
name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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