Patna High Court
Dhananjay Kumar @ Dhananjay @ Kallu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The petitioner is entitled to regular bail subject to the stipulated conditions.
Summary
The petitioner, Dhananjay Kumar, brother of the informant, was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for assaulting the informant with a rod. He had been in custody since March 9, 2025, and his earlier bail application was rejected. The petitioner’s senior counsel argued his innocence and the undue length of custody, while the State and the informant’s counsel opposed bail, citing the seriousness of the offences and the testimony of two witnesses. The court, after considering the custody period, the nature of the allegation, and the familial relationship, allowed the regular bail application. The petitioner was released on a bail bond of Rs. 10,000 with two sureties, subject to conditions of regular appearance and cooperation in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 308(3), 3(5), 351(2), 352
Subjects
- regular bail
- assault
- custody
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70023 of 2025
Arising Out of PS. Case No.-198 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Dhananjay Kumar @ Dhananjay @ Kallu Yadav S/o Late Ram Nath Yadav
R/o Village- Kumhrar, Opposite of Shivam Patrol Pump, P.S.- Agamkuan,
Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Ms. Diksha Kumari, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh
Mr. Gaurav Prakash
Mr. Shyam Kuamr
Mr. Rajeev Ranjan
Mr. Apul
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-01-2026 Heard the learned Senior counsel for the petitioner,
learned APP for the State and the learned counsel for the
informant.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Agamkuan P.S. Case No. 198 of 2025
registered for the offence under Sections 126(2), 115(2), 118(1),
109, 308(3), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita,
2023. Earlier the bail application of the petitioner was rejected
vide Cr. Misc. No. 49228 of 2025 on 11.08.2025.
3. As per the prosecution case, the petitioner is the
Patna High Court CR. MISC. No.70023 of 2025(3) dt.16-01-2026
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brother of the informant and he is alleged to have assaulted the
informant with a rod causing injury.
4. Learned Senior counsel for the petitioner submits
that the petitioner is innocent and has not committed any
offence. He further submits that the petitioner is in custody since
09.03.2025.
5. Learned A.P.P. for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
The learned counsel for the informant has submitted that in the
trial, two witnesses have been examined.
6. Considering the period of custody, the allegation,
and the relationship, this application for regular bail stands
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M.-IV, Patna City,
Patna/concerned Court below in connection with Agamkuan P.S.
Case No. 198 of 2025 subject to condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
Patna High Court CR. MISC. No.70023 of 2025(3) dt.16-01-2026
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shall result in cancellation of the bail bond
of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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