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Patna High Court

Dhananjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions imposed under Section 438(2) of the Criminal Procedure Code.

Summary

The petitioner, Dhananjay Kumar, applied for anticipatory bail under Section 438 of the Criminal Procedure Code after fearing arrest in a case registered under Sections 309(4) and 3(5) of the Bihar Narcotic Substances Act, 2023. The FIR alleged that the petitioner’s vehicle was used by an accused, Ravi Kumar, to transport stolen lambs, based solely on Ravi Kumar’s confessional statement made while in police custody. The petitioner argued that the confessional statement lacks evidentiary value, he was unaware of the misuse of his vehicle, and he would cooperate with the investigation. The State opposed the bail. The Court held that there was no material suggesting the petitioner would abscond or tamper with evidence and therefore granted anticipatory bail, subject to a bail bond of Rs.25,000 with two sureties and specific conditions, including the father as one bailor and the possibility of cancellation if the petitioner fails to cooperate. The order was made under the conditions prescribed in Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the FIR based on a confessional statement.
  • Whether the petitioner poses a flight risk or a risk of tampering with evidence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • confessional statement
  • vehicle misuse
  • Bihar Narcotic Substances Act
  • Criminal Procedure Code
  • bail conditions
  • flight risk

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81470 of 2025
                      Arising Out of PS. Case No.-85 Year-2025 Thana- SALAIYA District- Aurangabad
                 ======================================================
                 Dhananjay Kumar Son of Virendra Chauhan R/o Village- Dhamoul, P.O.-
                 Puraul, Paraul, P.S.- Cherki, District- Gaya (Bihar)

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Dr.Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 309(4) and

                   3(5) of B.N.S., 2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that he along with his named friends had taken the lambs for

                   grazing at village Bundi Bigha where they stayed in the night,

                   when at 01:00 a.m., 3-4 unknown accused came and tied them

                   and took away 301 lambs on a pickup vehicle.

                                 4. Learned counsel for the petitioner submits that the

                   FIR is against unknown and the petitioner came to be implicated
Patna High Court CR. MISC. No.81470 of 2025(2) dt.12-01-2026
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          based on the confessional statement of apprehended accused,

          Ravi Kumar in police custody which does not have any

          evidentiary value. It is further submitted that the vehicle which

          was used in transporting the lambs was of the petitioner, as

          such, Ravi Kumar took his name. It is next submitted that no

          prudent person would use his own vehicle for committing an

          occurrence and thus, would create evidence against himself and

          hence, would get implicated. It is next submitted that petitioner

          was completely unaware that Ravi Kumar would misuse the

          vehicle in the manner as alleged. It is further submitted that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                        5. Learned APP for the State opposes the anticipatory

          bail application.

                        6. Considering the submissions made by the learned

          counsel for the petitioner, let petitioner, above-named, in the

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bond of Rs.25,000/- (Rupees

          Twenty Five Thousand) with two sureties of the like amount

          each to the satisfaction of the learned trial court where the case

          is pending/Successor Court in connection with Salaiya P.S. Case
               Patna High Court CR. MISC. No.81470 of 2025(2) dt.12-01-2026
                                                           3/3




                         No.85 of 2025, subject to the conditions as laid down under

                         Section 438 (2) of the Cr.P.C.

                                       7. It is made clear that one of the bailors of the

                         petitioner shall be his father, namely, Virendra Chauhan.

                                       8. It is also made clear that if the Investigating

                         Officer of the case files an application before the learned Trial

                         Court bringing to its notice that petitioner despite giving

                         assurance to this Court is not co-operating in the investigation,

                         in that event, the learned Trial Court shall be at liberty to cancel

                         the bail bond of the petitioner.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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