Patna High Court
Dhananjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail subject to conditions under Section 482(2) of the BNS.
Summary
The petitioner, Dhananjay Yadav, was implicated in a FIR alleging molestation and assault, including striking the informant's mother‑in‑law on the leg causing a fracture, under multiple sections of the Bihar Negotiable Substances Act (BNS). He claimed innocence, asserting the allegation stemmed from an old enmity and that the injury was not to a vital part of the body. The State opposed his request for pre‑arrest bail. The Court, after considering the FIR, the nature of the injury, and the existence of a case‑and‑counter‑case, held that the petitioner had made out a prima facie case for bail. Accordingly, the Court ordered his release on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the BNS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the alleged offences.
- Whether the injury to a non‑vital part of the body affects the bail consideration.
- Whether the existence of a case‑and‑counter‑case influences the prima facie assessment for bail.
Legislation cited
- Bihar Negotiable Substances Act — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 61(2), 74
Subjects
- pre‑arrest bail
- criminal procedure
- Bihar Negotiable Substances Act
- injury not to vital part
- case and counter case
- Section 482(2)
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89573 of 2025
Arising Out of PS. Case No.-39 Year-2025 Thana- BARABAR TOURIST District- Jehanabad
======================================================
Dhananjay Yadav S/O Radhe Yadav R/O Vill.- Panchvai, P.S- Barabar
Paryatak (Vishunganj) Dist- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kishor Prasad, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 24-06-2026 Heard Mr. Raj Kishor Prasad, learned counsel
appearing on behalf of the petitioner and Mr. Brajendra Nath
Pandey learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Barabar Tourism/Paryatan P.S. Case No. 39/2025
registered for the offence(s) punishable under Sections
115(2),126(2),109,74,303(2),117(2),351(2),351(3),352,3(5), 61
(2) of the BNS.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioner first molested the
informant and then assaulted the informant and her family
members. The specific allegation against the petitioner is that he
struck the informant’s mother-in-law on the leg, causing a
fracture.
Patna High Court CR. MISC. No.89573 of 2025(4) dt.24-06-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case due to old enmity. There is
case and counter case between the parties. Although the injury
sustained by the informant's mother-in-law has been found to be
grievous in nature but the same is on the leg and not on a vital
part of the body. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and considering the fact that there is case and counter
case between the parties and the injury sustained by the mother-
in-law of the informant is not on the vital part of the body, I am
of the opinion that petitioner has, prima facie, made out a case
to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.89573 of 2025(4) dt.24-06-2026
3/3
satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad /
Concerned Court in connection with Barabar Tourism/Paryatan
P.S. Case No. 39/2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph no.3 of the bail application,
this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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