Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
The petitioner, Dhananjay Kumar, sought anticipatory bail fearing arrest in a case (Makhdumpur P.S. Case No. 580 of 2025) involving multiple offences under the B.N.S., 2023, including assault and causing injury. The prosecution alleged that the petitioner, along with others, assaulted the informant’s family over a cow‑dung dispute, causing head injuries and a fractured finger. The petitioner contended that he was falsely implicated, that the injury was not on a vital part of the body, and that he has a clean antecedent and is a Panchayat teacher. The State opposed the bail, arguing the seriousness of the offences. The Court examined the allegations, the petitioner’s claim of false implication, and the risk of flight, and decided to grant anticipatory bail subject to conditions under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S. The order stipulated bail bonds, sureties, personal presence in court, and provisions for cancellation if conditions are breached.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the alleged offences.
- Whether the nature of the alleged assault and injury justifies denial of bail.
- Whether there is a likelihood of the petitioner fleeing or tampering with evidence.
Legislation cited
- B.N.S.S. — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault
- false implication
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77876 of 2025
Arising Out of PS. Case No.-580 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
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Dhananjay Kumar S/o Judagi Sao R/o Village- Kharaka, P.S- Makhdumpur,
Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
Mr. Ajay Kumar Sinha, Advocate
Mr. Vivek Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Makhdumpur P.S. Case No. 580 of 2025 registered for the
offences under Sections 191(2), 191(3), 190, 115(2), 126(2),
117(2), 109, 352, 351(2) and 351(3) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
stated that on account of dispute with regard to keeping of cow
dung, the petitioner and other accused persons variously armed
with the lathi and danda started abusing and assaulting, causing
head injury. It is further alleged that when the son and daughter
intervened to save their father, the co-accused, namely, Chandan
Kumar assaulted the informant's son by means of rod, causing
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head injury and even her daughter, namely, Anjali Kumari
sustained injury.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and the
allegation against the petitioner is of assaulting the husband of
the informant by means of rod, resulting in fracture of his right
finger. He further submits that even if the said injury is taken
into account, the same is found not on a vital part of the body
and cannot be said to be fatal. It is further submitted that the
petitioner is a Panchayat Teacher and only to settle personal
scores, his name is given in present case, however, no such
incident as alleged has occurred. It is lastly been submitted that
the petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
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pending/successor court in connection with Makhdumpur P.S.
Case No. 580 of 2025 subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure read
with corresponding Section 482(2) of B.N.S.S. as well as
subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in the Court on each date of the trial.
(iii) In case of absence on two 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.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
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terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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