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Patna High Court

Dhananjay Kumar @ KaraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Dhananjay Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 103(1), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, based on an informant’s allegation that co‑accused had abducted and murdered the informant’s son. The petitioner was not named in the FIR; his alleged involvement emerged only during investigation, and he has a clean antecedent. The State opposed bail, arguing the seriousness of the offences. The Court noted that a similarly situated co‑accused, Sumeshwar Yadav, had been granted anticipatory bail, and that the petitioner’s lack of direct naming in the FIR and clean record warranted relief. Consequently, the Court ordered anticipatory bail on the condition of a Rs 10,000 bond, two sureties, surrender within eight weeks, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to a person not named in the FIR but implicated by investigation.
  • Whether the allegations under the Bhartiya Nyaya Sanhita and Arms Act justify denial of bail.
  • Whether the conditions imposed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Arms Act
  • Section 482
  • clean antecedent
  • FIR
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80133 of 2025
                      Arising Out of PS. Case No.-173 Year-2025 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Dhananjay Kumar @ Kara Son of Mahendra Yadav Resident of Village -
                 Gopalganj, P.S.- Islampur, District - Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajeev Kumar
                 For the Opposite Party/s :       Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 103(1), 61(2), 3(5) of

                   the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms

                   Act.

                                3. Informant alleges that on 04.04.2025 at about 4

                   PM, co-accused Jilajeet Kumar came to his house and took

                   away his son on his motorcycle to a poultry farm, where F.I.R.

                   named accused persons including this petitioner were already

                   present and thereafter, they shot dead son of informant.

                                4. Petitioner is not named in the F.I.R. Name of the

                   petitioner      transpired     only     on     suspicion      in    course       of

                   investigation. Even, informant in his re-statement has not named
           Patna High Court CR. MISC. No.80133 of 2025(3) dt.13-01-2026
                                                       2/2




                     this petitioner. Similarly situated co-accused Sumeshwar Yadav

                     has been granted anticipatory bail by this Court, vide order

                     dated 08.10.2025 passed in Cr.Misc. No. 49673 of 2025.

                     Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. In the facts and circumstances of the case, let the

                     above named petitioner, in the event of arrest/surrender within a

                     period of eight weeks from today, be enlarged on bail on

                     furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     A.C.J.M. - I, Hilsa, Nalanda in connection with Islampur P.S.

                     Case No. 173 of 2025, subject to condition as laid down under

                     Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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