Patna High Court
Dhiraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions.
Summary
The petitioner, Dhiraj Kumar, was arrested in a case alleging that he fired four rounds of a firearm, though no one was injured. He contended that the case was fabricated out of a dispute over a damaged mobile phone, and asserted his innocence and clean antecedents. The State opposed his request for anticipatory bail, citing the charges under various sections of the Bihar Negotiable Statutes and the Arms Act. The Court considered that no injuries were caused and the petitioner had a clean record, and therefore granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offences under the B.N.S. and Arms Act.
- Whether the absence of injury and the petitioner's clean antecedents justify the grant of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- Arms Act
- criminal law
- false case
- clean antecedents
- no injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8682 of 2026
Arising Out of PS. Case No.-46 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
Dhiraj Kumar S/O Santosh Rai @ Cheddi Rai R/O Village - Hettanpur, P.S-
Patori, Dist. - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Aditya Nath Pandey, Advocate
Mr. Yeshoneel Ratnam, Advocate
Ms. Aprajita Kumari, Advocate
For the Stat : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 329(3),
126(2), 115(2), 109, 352, 351(2) and 3(5) of the B.N.S. and
Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
3. As per prosecution case, it is alleged that this
petitioner, along with three associates, came on a vehicle and
thereafter, this petitioner fired four rounds of bullet, however, no
one sustained any injuries.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.8682 of 2026(2) dt.23-02-2026
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committed no offence. As a matter of fact, the informant had
damaged the mobile phone of this petitioner during repair work
for which a Panchayati was convened and in which, the
informant had sworn to give another mobile phone to the
petitioner but when the petitioner demanded a fresh set of
mobile from the informant, this false and concocted case has
been lodged. Though this petitioner is alleged to have fired but
no one has sustained any fire arm injuries. Petitioner claims
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, fact that no one has sustained any fire arm injuries and
clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 Additional Chief Judicial
Magistrate-1st, Patori, Samastipur in connection with Mohanpur
Patna High Court CR. MISC. No.8682 of 2026(2) dt.23-02-2026
3/3
P.S. Case No. 46 of 2025, subject to condition as laid down
under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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