Patna High Court
Dhananjay SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail on furnishing the prescribed bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Dhananjay Sah, sought bail after the police registered a case (PS No. 298/2024) for robbery and assault under Section 310(2) of the Bharatiya Nagarik Suraksha Sanhita. The prosecution alleged that six miscreants, armed with deadly weapons, looted Rs. 55,000 from an informant’s shop on 25 October 2024, and that the petitioner’s name emerged only through a confessional statement of a co‑accused, not from the FIR itself. The petitioner argued that he was not named in the FIR, no incriminating material was found on him, and he had no prior criminal record. The State opposed bail, contending the seriousness of the offence and the petitioner’s alleged involvement. The court, after considering the circumstances, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, and directed surrender within eight weeks.
Issues considered
- What is the appropriate bail disposition for a person not named in the FIR but implicated through a co‑accused’s confessional statement?
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the seriousness of the alleged offence?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 310(2), 482(2)
Subjects
- bail
- FIR
- confessional statement
- Section 310
- Section 482
- criminal procedure
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85000 of 2025
Arising Out of PS. Case No.-298 Year-2024 Thana- GUTHANI District- Siwan
======================================================
Dhananjay Sah S/O Sudhan Sah @ Maksudan Sah Resident of Village -
Ghurghat, P.S. - Siswan, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr. Abhay Kumar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 310 ( 2 ) of BNS.
3 . The prosecution case, in brief, is that on
25.10.2024 , at around 7 PM, 6 miscreants entered the shop of
the informant with deadly weapons and on the point of pistol,
committed loot of Rs. 55,000/-. It is further alleged that the
present occurrence occurred in presence of co-accused Sohan
Mali.
4. It is submitted on behalf of the petitioner that
petitioner is not named in the F.I.R. The name of the petitioner
transpired during course of investigation on confessional
statement of other co-accused persons. No incriminating article
Patna High Court CR. MISC. No.85000 of 2025(2) dt.06-01-2026
2/2
has been recovered from possession of petitioner. Petitioner has
got no criminal antecedent of similar nature .
5. Learned counsel for the State opposed the bail
petition.
6. Considering the aforesaid facts, and other
circumstances of the case, in the event of arrest or surrender
within eight weeks from today, let the petitioner, as named
above, 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 the learned Judicial Magistrate 1 st
Class Siwan in connection with Guthani P.S. Case No. 298 of
2024, subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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