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Patna High Court

Dhananjay Kumar @ Dhananjay Yadav @ Dhananjay Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the prosecution’s evidence, including the post‑mortem report, justified the refusal.

Summary

The petitioner, Dhananjay Kumar, applied for bail in a case registered under multiple sections of the B.N.S., 2023, alleging that he was falsely implicated in the assault and murder of the informant's father. The FIR alleges that the petitioner, along with others, entered the informant's house, assaulted the father with a knife, causing fatal injuries. The petitioner’s counsel argued that he has a clean record, has been in custody since August 2024, and that the assault allegation is vague and lacks specificity. The State’s counsel contended that the death of the informant’s father is undisputed and supported by the post‑mortem report, indicating strong prosecution evidence. After considering the submissions, the court found the prosecution’s case sufficiently substantiated and declined to grant bail, rejecting the petitioner's application.

Issues considered

  • What is the appropriate discretion of the court in granting bail to an accused facing multiple serious offences under the B.N.S., 2023?
  • Does the lack of specificity in the assault allegation preclude the grant of bail?

Legislation cited

  • B.N.S., 2023 — s. 103, 109, 115(2), 118(1), 126(2), 190, 191(2), 191(3), 3(5), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • murder
  • false implication
  • post‑mortem report
  • discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.51105 of 2025
                      Arising Out of PS. Case No.-141 Year-2024 Thana- KURSAILA District- Katihar
                 ======================================================
                 Dhananjay Kumar @ Dhananjay Yadav @ Dhananjay Kumar Yadav S/o Late
                 Ramchandra Yadav R/o vill - Kurshela, Basti, ward no. 6, P.S. - Kurshela,
                 Distt.- Katihar
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Hansraj, Advocate
                                                  Mr. Anuj Kumar, Advocate
                 For the State            :       Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-02-2026                    Heard Mr. Hansraj, learned counsel for the petitioner

                   and Mr. Ajay Kumar Jha, learned APP for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 118(1), 109, 103, 352 and 3(5) of B.N.S., 2023.

                                  3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody since

                   07.08.2024 and the informant alleges that the accused persons

                   including the petitioner came to his house and were identified in

                   light of bulb and when the informant opened the door, the accused

                   persons started abusing and thereafter Vikash Kumar and Sanju

                   Devi caught the informant and Sanjay Yadav and petitioner

                   assaulted his father by knife causing injury in the stomach, on

                   account of which, his father got injured and subsequently died

                   during the course of treatment.
               Patna High Court CR. MISC. No.51105 of 2025(3) dt.05-02-2026
                                                           2/2




                                      4. Learned counsel appearing on behalf of the petitioner

                         submits that petitioner has been falsely implicated in the instant

                         case by the informant. It is further submitted that from perusal of

                         the allegations, as alleged in the FIR, it would manifest that

                         informant alleges that Sanjay Yadav along with petitioner

                         assaulted his father by knife causing injury in stomach, as such,

                         allegation of assault is not specific.

                                      5. The learned APP opposes the bail application and

                         submits that what is not disputed rather stands admitted is that

                         father of the informant died on account of injury caused on

                         account of assault made by knife and from perusal of the order

                         impugned, it would manifest that even the post mortem report

                         corroborates the case of the prosecution.

                                      6. Considering the submission made by learned APP, the

                         Court is not inclined to extend the privilege of bail to the

                         petitioner. Accordingly, the prayer for grant of bail to the petitioner

                         is hereby rejected in connection with Kursaila P.S. Case No.141 of

                         2024, giving rise to S.T. No.104 of 2025, pending in the court of

                         learned District & Additional Sessions Judge-II, Katihar.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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