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Patna High Court

Dhananjay Kumar @ Dhananjay @ Kallu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                              shall result in cancellation of the bail bond
                                              of the petitioner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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