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Patna High Court

Dhananjay Kumar @ Dhananjay Singh @ Dhananjay SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the prosecution failed to produce substantive evidence and the petitioner’s custody period and clean antecedent warranted release subject to conditions.

Summary

The petitioner, Dhananjay Kumar, was arrested in connection with a case involving an unconscious burn victim and was charged under Sections 118(2) and 109 of the B.N.S., 2023. The prosecution’s case relied solely on secret information and a confessional statement, with no eyewitnesses, material evidence, or recovered items linking the petitioner to the offence. The petitioner, a student with a clean antecedent, argued that he was falsely implicated and that the evidence was merely suspicion. The State opposed bail, citing the seriousness of the offences. Considering the lack of substantive evidence, the petitioner’s short period of custody, and his clean record, the court ordered his release on bail subject to conditions under Section 480(3) of the B.N.S.S. and required sureties.

Issues considered

  • Whether bail should be granted to the petitioner under Section 480(3) of the B.N.S.S. given the nature of the offences and the evidentiary material presented.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 480(3)
  • B.N.S.
  • suspicion
  • lack of evidence
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72634 of 2025
                         Arising Out of PS. Case No.-519 Year-2025 Thana- FATUA District- Patna
                 ======================================================
                 Dhananjay Kumar @ Dhananjay Singh @ Dhananjay Sinha Son of Om
                 Prakash Pandit, R/o Vill. - Govindpur Bypass, P.S. - Fatuha, Dist. - Patna.
                                                                                 ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   06-01-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Fatuha P.S. Case No. 519 of 2025 dated

                   11.07.2025, registered for the offences punishable under

                   Sections 118(2) and 109 of the B.N.S., 2023.

                                   3. As per the prosecution case, police received

                   secret information about a person lying in unconscious state

                   with a number of burns. The said person was sent to hospital for

                   treatment and subsequently, the name of the petitioner transpired

                   during investigation for being involved in the occurrence.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner has falsely been implicated in

                   the present case and he has been made accused in this case

                   merely on the basis of suspicion and there is no substantive
Patna High Court CR. MISC. No.72634 of 2025(3) dt.06-01-2026
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          material to show his involvement. There is no eyewitness to the

          alleged occurrence. Nothing incriminating has been recovered

          from person or possession of this petitioner. The police recorded

          the confessional statement of this petitioner. The petitioner is a

          student and he is in custody since 02.08.2025 having clean

          antecedent and charges have been framed.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of petitioner and framing of charge, the

          petitioner, above-named, is directed to be released on bail, on

          furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

          Only) with two sureties of the like amount each to the

          satisfaction of learned District & Additional Sessions Judge-

          VIII, Patna City, Patna / concerned Court, in connection with

          Fatuha P.S. Case No. 519 of 2025, subject to the condition laid

          down under Section 480(3) of the B.N.S.S. and other following

          conditions:

                          (i) One of the bailors will be a close relative of the

          petitioner.

                          (ii) The petitioner will remain present on each and
          Patna High Court CR. MISC. No.72634 of 2025(3) dt.06-01-2026
                                                      3/3




                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                    (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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