Patna High Court
Dhanraj Kumar @ Dhanraj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner, subject to the conditions stipulated by the Court.
Summary
The petitioner, Dhanraj Kumar, sought anticipatory bail after an FIR alleged that he fired at an informant, invoking numerous offences under the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The petitioner contended that no one sustained any firearm injury and that he had no prior similar criminal record. The State opposed the bail, arguing the seriousness of the charges. The Court considered the lack of actual injury and the statutory provisions, and exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant anticipatory bail. The bail was conditioned on surrender within eight weeks, furnishing a bail bond of Rs.10,000 with two sureties, and compliance with any further directions of the Judicial Magistrate, 1st Class, Begusarai.
Issues considered
- Whether anticipatory bail should be granted despite the petitioner being charged with multiple offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the absence of any firearm injury justifies the grant of anticipatory bail.
- Whether the Court can invoke Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge bail upon surrender.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 190, 191(3), 303(2), 308(3), 308(4), 324(4), 324(5), 351(2), 351(3)
Subjects
- anticipatory bail
- firearms
- Bharatiya Nyaya Sanhita
- Arms Act
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5182 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- PHULWARIA District- Begusarai
======================================================
Dhanraj Kumar @ Dhanraj Singh S/O Late Harivansh Prasad Singh R/O
Village- Baghmara, Madhrapur Barani-2, P.S.- Phulwari, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
For the Informant : Mr. Sandip Kumar Gautam, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 191(3), 190, 115(2),
126(2), 109, 303(2), 324(4), 324(5), 308(3), 308(4), 351(2),
351(3) of the Bharatiya Nyaya Sanhita and Section 27 of the
Arms Act.
3. As per F.I.R., this petitioner fired upon the
informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Though
petitioner is alleged to have fired upon the informant but no one
sustained any firearms injury. Petitioner has got no criminal
Patna High Court CR. MISC. No.5182 of 2026(2) dt.03-02-2026
2/2
antecedent of similar nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case and the fact that
no one sustained any firearms injury, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of Judicial
Magistrate, 1st Class cum A.M., Begusarai in connection with
Phulwaria P. S. Case No. 194 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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