Dhanjay Kumar @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40956 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- KARTAHA District- Vaishali ====================================================== Dhanjay Kumar @ Dhananjay Kumar S/O Jangali Sah R/O Village- Ghataro, P.S- Kartahan, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-07-2025 Heard Mr. Rajeev Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Dr. Mrityunjaya Kr. Gautam, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Kartaha P.S. Case No. 17 of 2025 registered under Sections 331(4), 305 of the BNS.

3. As per the allegation made in the FIR, some unnamed persons committed theft in the informant's dwelling house and recovery of stolen inverter battery has been made from the house of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has not committed the offence, as alleged in the FIR, rather, he has purchased the stolen inverter battery from one co-accused namely Rajan Kumar and the said Rajan Kumar has confessed in his statement in custody that he had sold the stolen inverter

Patna High Court CR. MISC. No.40956 of 2025(2) dt.09-07-2025 2/3 battery to the petitioner. The petitioner has clean antecedent. On these grounds, the 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. Considering the rival submissions made on behalf of the parties, as well as, the fact that the petitioner is not named in the FIR, and also the fact that the petitioner had unknowingly purchased the stolen inverter battery from the co-accused Ranjan Kumar which was allegedly recovered from his house, which inhabited by the other members of the family also. The petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory 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/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate - V, Vaishali at Hajipur in connection with Kartaha P.S. Case No. 17 of 2025, subject to the condition as laid down under Section 482

Patna High Court CR. MISC. No.40956 of 2025(2) dt.09-07-2025 3/3 of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T