Patna High Court
Dhananjay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner subject to a bond and sureties.
Summary
The petitioner, Dhananjay Kumar, a jeweller, was arrested in connection with a case registered under sections 317(5) and 3(5) of the B.N.S., alleged to have purchased stolen gold. He applied for regular bail, contending that he acted in good faith to meet a bona‑fide customer’s need and that the alleged offence carries a maximum punishment of three years. The State opposed bail, highlighting a prior criminal antecedent against the petitioner. After hearing both sides, the Court considered the nature of the offence, the bail‑bond amount, and the petitioner’s custody since 25‑10‑2025. The Court granted regular bail on the condition of a Rs.10,000 bond with two sureties, directing release to the satisfaction of the learned Additional Chief Judicial Magistrate‑II, Danapur.
Issues considered
- Whether the petitioner is entitled to regular bail for an offence punishable under sections 317(5) and 3(5) of the B.N.S.
- Whether the petitioner’s prior criminal antecedent precludes the grant of bail
- Whether the nature and severity of the alleged offence justify denial of bail
Legislation cited
- B.N.S. — s. 317(5), 3(5)
Subjects
- regular bail
- stolen gold
- criminal antecedent
- B.N.S.
- sections 317
- sections 3
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89628 of 2025
Arising Out of PS. Case No.-817 Year-2025 Thana- BIHTA District- Patna
======================================================
Dhananjay Kumar son of Late Kameshwar Pd. Resident of Village- Laie, Ps-
IIT, Amhara, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
Mr. Akshay Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 317(5) and
3(5) of B.N.S.
3. The case of the prosecution is that the petitioner is
the purchaser of stolen gold.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that he is a jeweler and
he has purchased the gold considering the bona fide need of the
purchaser. It has further been submitted that in any view of the
matter, the allegation against him carries only punishment of
Patna High Court CR. MISC. No.89628 of 2025(2) dt.15-01-2026
2/2
three years. Moreover, he is languishing in judicial custody
since 25.10.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of one
case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bihta P.S. Case No. 817 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M.-II, Danapur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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