Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 309(4), 3(5)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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