Patna High Court
Dhananjay Prasad @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Dhananjay Prasad, was arrested on 16 March 2026 in connection with a case registered under Sections 126(2), 115(2), 109(1), 352, 3(5) and later 103(1) of the Bharatiya Nyaya Sanhita, 2023, alleging assault. He pleaded innocence, asserted a clean antecedent, and applied for regular bail. The State opposed the bail on the ground of the seriousness of the offences. The Court, after considering the facts and circumstances, granted regular bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita for the offences alleged
- Whether the seriousness of the charges justifies denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 126(2), 3(5), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40598 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- TELHARA District- Nalanda
======================================================
Dhananjay Prasad @ Dhananjay Kumar S/O Shardhanand Yadav R/O
Village- Chhajjupur, P.S- Telhara, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra
For the Opposite Party/s : Mr. Raj Kishor Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Telhara P.S. Case No. 01 of 2026, registered for offences
punishable under Sections 126(2), 115(2), 109(1), 352, and 3(5)
of the Bharatiya Nyaya Sanhita, 2023. Subsequently, Section
103(1) of the BNS was also added to the case.
3. As per the prosecution case, the petitioner is
accused of assaulting the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 16.03.2026 and claims clean
antecedent.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.40598 of 2026(2) dt.24-06-2026
2/2
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Telhara P.S. Case
No. 01 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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