Created by Fuzzy Cloud

Patna High Court

Dhanraj Kumar @ Dhanraj SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.