Patna High Court
Dhananjay Kumar @ Dhananjay Yadav @ Dhananjay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.