Patna High Court
Dhananjay Kumar @ Pore ThatheraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Dhananjay Kumar Thathera, sought anticipatory bail fearing arrest in a case registered under the Bihar Prohibition and Excise Act, 2016, the Indian Penal Code and the Arms Act. The allegations involve recovery of a pistol, cartridges and a motorcycle from other individuals, but the petitioner was not arrested on the spot and no weapon was found in his possession. The prosecution’s case rests mainly on a confessional statement made by Balmiki Prasad while in police custody, which the petitioner’s counsel argued lacks evidentiary value. The State opposed bail, highlighting the petitioner’s two prior serious cases and the risk of absconding or tampering with evidence. The Court, after considering the submissions, declined to grant anticipatory bail, concluding that the circumstances did not merit such relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioner when the primary evidence is a confessional statement made in police custody.
- Whether the petitioner’s prior criminal antecedents and the risk of tampering justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Prohibition and Excise Act, 2016 — s. 37(c)
- Indian Penal Code — s. 399, 402
Subjects
- anticipatory bail
- confessional statement
- Arms Act
- Excise law
- criminal antecedent
- bail jurisprudence
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31691 of 2026
Arising Out of PS. Case No.-249 Year-2017 Thana- KHUSRUPUR District- Patna
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Dhananjay Kumar @ Pore Thathera Son of Late Surendra Prasad @ Surendra
Prasad Thathera Resident of Village - Chak Husain, Police Station -
Khusrupur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 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 Section 37(c) of the
Bihar Prohibition and Excise Act, 2016, Sections 399 and 402 of
the Indian Penal Code as well as Sections 25(1-b)a, 26 and 35 of
the Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and allegation is of recovery
of one country made pistol from possession of Upendra Yadav, one
cartridge from possession of Kapil Yadav and one cartridge along
with motorcycle from possession of Sanjit Kumar @ Pintu.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not named in the
Patna High Court CR. MISC. No.31691 of 2026(2) dt.12-05-2026
2/2
FIR and came to be implicated based on the confessional
statement of Balmiki Prasad in police custody which does not have
any evidentiary value in the eye of law.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner and submits that petitioner has
antecedent of two cases of serious nature, though he is not named
in the FIR but his name transpired in the confessional statement of
Balmiki Prasad. It is further submitted that investigation in the
case is continuing and if the privilege of anticipatory bail is
granted to the petitioner, the petitioner may abscond or try to
tamper with the evidence.
6. Considering the submissions made by the learned
A.P.P. for the State, the Court is not inclined to extend the
privilege of anticipatory bail to the petitioner in connection with
Khusrupur P.S. Case No. 249 of 2017 pending in the Court of
learned Special Judge, Excise, Patna City, Patna/Successor Court.
7. Hence, the prayer for anticipatory bail is rejected.
(Satyavrat Verma, J)
Kundan/-
U T
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