Patna High Court
Dhananjay Yadav @ Chhotu Yadav @ Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail could not be granted because of the specific nature of the accusations, the gravity of the offences and the petitioner’s criminal antecedents.
Summary
Petitioner No.1, Dhananjay Yadav, sought anticipatory bail fearing arrest in a case alleging offences under Sections 191(2), 191(3), 190, 111(2), 109 of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that on 15‑08‑2025 the accused, including the petitioner, opened indiscriminate fire, injuring a child and a woman. The petitioner claimed innocence, alleging political victimisation, while the State highlighted his specific inclusion in the FIR and eight prior criminal records, some of a similar nature. The Court examined the specificity of the accusation, the seriousness of the offences, and the petitioner’s antecedents. Concluding that the gravity of the charge and the petitioner’s history outweighed the bail considerations, the Court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the specific accusations under Sections 191(2), 191(3), 190, 111(2), 109 of the B.N.S. and Section 27 of the Arms Act.
- Whether the petitioner’s criminal antecedents and the seriousness of the alleged offences preclude the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- Criminal Procedure Code
- Section 438
- B.N.S.
- Arms Act
- criminal antecedents
- grave offence
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84720 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- Marnga District- Purnia
======================================================
1. Dhananjay Yadav @ Chhotu Yadav @ Dhananjay Kumar S/o- Late Ravindra
Prasad Yadav @ Late Ravindra Yadav @ Late Ravin Yadav R/o Village-
Maranga Ward No 08 P.s- Maranga District-Purnea
2. Rakesh Kumar @ Rakesh Yadav @ Raka S/o- Gandhari Yadav R/v-
Maranga, W.No-8, Ps- Maranga Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Pawan Kumar, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The prayer for grant of anticipatory bail to
Petitioner No. 2 has already been dismissed as withdrawn vide
order dated 19.01.2026.
3. Petitioner No. 1 apprehends his arrest in a case
registered for the offence punishable under Sections 191(2),
191(3), 190, 111(2) and 109 of the B.N.S. and Section 27 of the
Arms Act.
4. As per prosecution case, it is alleged that on
15.08.2025 at about 6 PM, all the F.I.R. named accused persons,
including this petitioner, came and started firing
Patna High Court CR. MISC. No.84720 of 2025(3) dt.09-02-2026
2/2
indiscriminately due to which a child was shot in the thigh and a
bullet grazed the temporal region of a woman.
5. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case with village politics.
6. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
with specific accusation that he, along with other accused
persons, made indiscriminate firing due to which several
persons sustained fire arm injuries. Petitioner has got 8 criminal
antecedents out of which some are of similar nature.
7. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and criminal antecedents of the petitioner, the prayer for grant of
anticipatory bail to Petitioner No. 1 is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
Checking your session…