Patna High Court
Dhananjay Kumar @ Dhananjay Singh @ Dhananjay SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- B.N.S., 2023 — s. 109, 118(2)
- B.N.S.S. — s. 480(3)
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
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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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