Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner with conditions, finding no sufficient ground to deny bail.
Summary
The petitioner, Dhananjay Kumar, sought anticipatory bail fearing arrest in a case alleging assault and related offences under several sections of the Bihar Negotiable Substances Act, 2023. The prosecution’s FIR described a violent incident during a house construction where the petitioner and others allegedly assaulted the informant and her son. The petitioner argued innocence, highlighted a familial dispute, noted that the injuries were simple, and pointed to his clean criminal record. The State opposed the bail, emphasizing the seriousness of the alleged offences. The High Court, after noting the dispute, the minor nature of injuries, and the petitioner’s clean antecedent, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of criminal antecedent under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Negotiable Substances Act, 2023 in view of the alleged offences and the facts of the case.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal antecedent
- simple injuries
- family dispute
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44899 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- YADOPUR District- Gopalganj
======================================================
Dhananjay Kumar S/o Rajeshwar Prasad R/o vill - Babu Bishunpur, P.S.-
Jadopur (Yadavpur), Distt.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Jadopur (Yadavpur) P.S. Case No. 26 of 2026 for allegedly
having committed offences under Sections 126(2), 115(2),
109(1), 351(2), 352 and 3(5) of B.N.S., 2023.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to
the effect that while the informant was getting her house
constructed, all the accused persons, including the petitioner,
who are said to be agnates and neighbours of the informant,
came armed with stick, iron rod etc. and started using filthy
language against the informant. When she protested, all the
accused persons started assaulting the informant, due to which
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she sustained injuries and fell down on the ground. When Ravi
Kumar (the son of the informant) came to save her, all the
accused persons assaulted him with lathi, danda and iron rod,
by using filthy language. It has further been alleged that in the
meantime, other co-accused persons came from behind and
started assaulting the informant and her son and also used filthy
language against them. It has further been alleged that the
petitioner assaulted on the head of the son of the informant, due
to which he sustained injuries.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence. He
submits that the petitioner and the informant are agnates and
there is dispute in between the parties. He submits that from the
First Information Report itself, it would transpire that the First
Information Report has been lodged with regard to installation
of plastic pipe in the water tank. He further submits that from
the injury report which has been discussed in the impugned
order passed by the learned Principal Sessions Judge, Gopalganj
in A.B.P. No.393 of 2026, the injuries sustained by the injured
have been found to be simple in nature by the treating doctor. It
is also submitted that the petitioner has got a clean antecedent.
5. Per contra, the learned APP appearing on behalf of
Patna High Court CR. MISC. No.44899 of 2026(2) dt.08-07-2026
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the State opposes the prayer for grant of anticipatory bail to the
petitioner.
6. Having considered the rival submissions and after
going through the records, it appears that there is dispute in
between the parties, due to which the present occurrence has
taken place. From perusal of the injury report which has been
discussed in the order passed by the learned Principal Sessions
Judge, Gopalganj in A.B.P. No.393 of 2026, it would transpire
that the injuries were found to be simple in nature by the
treating doctor. Further, the petitioner has got a clean
antecedent.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gopalganj in connection with Jadopur
(Yadavpur) P.S. Case No.26 of 2026, subject to the conditions
laid down under Section 482(2) of the B.N.S.S with a further
condition that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
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that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of his bail
bond. However, the acceptance of bail bond in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
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