Patna High Court
Dhanesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions of personal appearance at each trial date.
Summary
The petitioner, Dhanesh Kumar, was arrested in connection with an assault and theft of a vehicle, camera and mobile phone, alleged under FIR No.122 of 2025 filed under section 309(6) of the Bihar Narcotic Substances Act, 2023. The FIR named unknown miscreants, but the looted motorcycle was later recovered based on the informant’s confessional statement and investigative information. The petitioner has been in custody since 17 June 2025 and charges were framed only in October 2025, while he also has three prior criminal antecedents, two of which are of a similar nature. The State opposed bail on the ground of these antecedents, whereas the petitioner’s counsel argued that he is already on bail in the other cases. Considering the length of custody, the recent framing of charges, and the petitioner’s bail status in other matters, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to his personal appearance at each trial date. The order also provides that bail may be cancelled if the petitioner is absent on two consecutive dates without sufficient cause.
Issues considered
- Whether bail should be granted to the petitioner under section 309(6) of the Bihar Narcotic Substances Act, 2023 considering the period of custody and the framing of charges.
- Whether the petitioner’s prior criminal antecedents justify the denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(6)
Subjects
- bail
- section 309(6) BNS 2023
- criminal antecedents
- assault
- theft
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79998 of 2025
Arising Out of PS. Case No.-122 Year-2025 Thana- KARAI PARSURAI District- Nalanda
======================================================
Dhanesh Kumar S/o Late Sharma Prasad @ Sharavan Prasad Resident of
Village - Khagdi (Nawasi Chak), P.S - Dhanarua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr.Sanjay Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Karayaparsurai P.S. Case no.122
of 2025 registered under section 309(6) of BNS, 2023.
3. Allegation in the F.I.R is that unknown miscreants
assaulted the informant and also snatched vehicle, camera and
mobile phone of the informant.
4. Learned counsel for the petitioner submits that FIR
had been lodged against unknown persons and upon
confessional statement of the informant and information given
by spy during course of investigation, the looted motorcycle was
recovered from the place, which is at some distance from his
Patna High Court CR. MISC. No.79998 of 2025(5) dt.24-02-2026
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house. Further, the petitioner is in custody since 17.06.2025 and
charges have been framed in the month of October, 2025.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that petitioner has three
criminal antecedents out of which two are of similar nature. In
response, learned counsel for the petitioner submits that he is on
bail in all the said cases.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the period of
custody and charges have been framed in the month of October,
2025, the petitioner is directed to be enlarged on bail in
connection with Karayaparsurai P.S. Case no.122 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court concerned where the case is
pending/successor Court, subject to the further condition that
petitioner shall remain physically present in the learned trial
Court on each date and shall cooperate in the trial. In case the
petitioner is absent on the two consecutive dates without
sufficient reasons, the learned trial Court would be at liberty to
cancel the bail bonds of the petitioner.
7. Learned trial Court shall accept the bail bonds of
Patna High Court CR. MISC. No.79998 of 2025(5) dt.24-02-2026
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the petitioner only after being ensured that the charges have
been framed in the case, as the same has been submitted before
this Court.
(Soni Shrivastava, J)
Harsh/-
U T
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