Patna High Court
Dhananjay Singh @ Dhananjay Prasad @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the inordinate delay in trial amounted to a prima facie violation of Article 21, and therefore the petitioners were entitled to bail.
Summary
The Patna High Court entertained two successive bail petitions filed by Dhananjay Singh and Jitendra Kumar, both arrested in connection with a FIR dated 25‑08‑2023 alleging indiscriminate firing that resulted in the death of the informant’s son. The petitioners had been in custody for about two and a half years, with the trial showing little progress and only two prosecution witnesses examined. The court noted that such prolonged pre‑trial detention infringed the petitioners’ constitutional right to a speedy trial under Article 21, citing Hussainara Khatoon v. State of Bihar. It also observed that the police investigation had produced a closure report against the petitioners and that the principal accusation rested on other co‑accused, rendering continued detention unnecessary. Consequently, the court ordered the release of both petitioners on bail, subject to a Rs 10,000 bond with two sureties and conditions under the relevant statutory provisions.
Issues considered
- The prolonged pre‑trial detention violates the right to speedy trial under Article 21, justifying bail.
- Whether the petitioners, alleged only as part of a mob and with a police closure report, merit bail.
- Whether bail can be granted under Sections 437(3) Cr.P.C., 480(3) BNSS and 482(2) BNSS.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 480(3), 482(2)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 302, 34
Subjects
- bail
- speedy trial
- Article 21
- pre‑trial detention
- murder
- mob participation
- Criminal Procedure Code
- Indian Penal Code
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78793 of 2025
Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna
======================================================
Dhananjay Singh @ Dhananjay Prasad @ Dhananjay Kumar Son of Sri Shlok
Singh R/o Village - Malpur, P.S - Khusrupur, District - Patna.... . Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 90990 of 2025
Arising Out of PS. Case No.-16 Year-2023 Thana- KHUSRUPUR District- Patna
======================================================
Jitendra Kumar S/O Lalan Singh Resident of Village- Malpur Police Station-
Khushrupur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78793 of 2025)
For the Petitioner/s : Mr. P.N. Shahi, Sr. Advocate
Mr.Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr.Madhura Nand Jha, APP
For the Informant : Ms. Komal, Advocate
(In CRIMINAL MISCELLANEOUS No. 90990 of 2025)
For the Petitioner/s : Mr.Awadhesh Kumar, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
For the Informant : Ms. Komal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Cr. Misc. No. 78793 of 2025
The present petition is the second successive bail
petition of the petitioner after rejection of the first prayer of bail
through Cr. Misc. No. 46078 of 2024 dated 13.12.2024.
2. The accused/petitioner is named in FIR and is in
custody since 25.08.2023.
3. Mr. P.N. Shahi, learned senior counsel appearing on
behalf of the petitioner submitted that while rejecting the first
Patna High Court CR. MISC. No.78793 of 2025(2) dt.06-02-2026
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prayer of bail as mentioned aforesaid, it was directed to the
learned trial court that the trial be concluded positively within nine
months. It is pointed out that petitioner is in custody for about two
and half years and only two prosecution witnesses were examined
till date. It is submitted by Mr. Shahi that the petitioner cannot be
kept behind bar in want of trial for indefinite period. It is submitted
that such inordinate delay as to conclude trial is suggesting the
violation of fundamental right of petitioner qua speedy trial as
available under article 21 of the Constitution of India and in
support of his submission, Mr. Shahi relied upon the legal report of
Hon’ble Supreme Court as available through Hussainara
Khatoon and Others Vs. Home Secretary, State of Bihar ,
reported in 1980(1)SCC 98.
4. Learned APP duly assisted by learned counsel Ms.
Komal, appearing on behalf of the informant, while opposing the
prayer of bail could not disputed the aforesaid progress of trial and
the custody period as submitted by Mr. Shahi.
5. Considering the aforesaid factual submissions and by
taking note of fact as the petitioner remains in custody for about
two and half years i.e. since 25.08.2023 coupled with the fact that
progress of trial categorically suggest that same is not likely to
conclude in near future suggesting prima facie violation of
Patna High Court CR. MISC. No.78793 of 2025(2) dt.06-02-2026
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fundamental right qua speedy trial of petitioner as available under
Article 21 of the Constitution of India, accordingly, petitioner
above named, is directed to be released on bail in connection with
Sessions Trial No. 780 of 2023 and Sessions Trial No. 23 of 2024
arising out of Khusrupur P.S. Case No. 16 of 2023 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Additional
District & Sessions Judge-IV, Patna City, Patna/concerned Court,
subject to the conditions as mentioned under Section 437(3) of
the Cr.P.C./Section 480(3) of BNSS.
Cr. Misc. No. 90990 of 2025
1. Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Khushrupur P.S. Case No. 16 of 2023 registered
for the offences punishable under Sections 302/34 of the Indian
Penal Code and Section 27 of Arms Act.
3. As per FIR, petitioner alongwith other named co-
accused persons alleged to open indiscriminate firing, where during
occurrence, son of the informant was shot dead.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.78793 of 2025(2) dt.06-02-2026
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behalf of the petitioner that the thrust of allegation is available
against co-accused Dhananjay Singh and this petitioner was only
alleged to be a part of mob during the occurrence. Considering the
aforesaid aspect, police after concluding investigation submitted
closure report qua petitioner but learned jurisdictional magistrate,
merely on the ground that petitioner was named with FIR, took
cognizance against this petitioner. It is submitted that the
investigation of this case is already concluded on all material
aspects and, therefore, sending this petitioner behind bar shall not
serve any purpose of justice.
5. Learned APP, duly assisted by learned counsel Ms.
Komal, appearing on behalf of the informant, while opposing the
prayer of bail submitted that this petitioner was the part of mob.
6. In view of aforesaid factual submissions and by
taking note of fact as police after investigation submitted closure
report qua petitioner after concluding investigation, coupled with
the fact prima facie maximum allegation against petitioner appears
only being part of mob, accordingly, above named petitioner, who
is a man of clean antecedent in the event of his arrest or surrender
before the learned trial Court, within a period of four weeks of the
order, is directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.78793 of 2025(2) dt.06-02-2026
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amount each to the satisfaction of the learned Additional Sessions
Judge-III, Patna City/concerned Court, where the case is pending
in connection with Khushrupur P.S. Case No. 16 of 2023 subject
to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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