Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81470 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- SALAIYA District- Aurangabad ====================================================== Dhananjay Kumar Son of Virendra Chauhan R/o Village- Dhamoul, P.O.- Puraul, Paraul, P.S.- Cherki, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 309(4) and 3(5) of B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that he along with his named friends had taken the lambs for grazing at village Bundi Bigha where they stayed in the night, when at 01:00 a.m., 3-4 unknown accused came and tied them and took away 301 lambs on a pickup vehicle.

4. Learned counsel for the petitioner submits that the FIR is against unknown and the petitioner came to be implicated

Patna High Court CR. MISC. No.81470 of 2025(2) dt.12-01-2026 2/3 based on the confessional statement of apprehended accused, Ravi Kumar in police custody which does not have any evidentiary value. It is further submitted that the vehicle which was used in transporting the lambs was of the petitioner, as such, Ravi Kumar took his name. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus, would create evidence against himself and hence, would get implicated. It is next submitted that petitioner was completely unaware that Ravi Kumar would misuse the vehicle in the manner as alleged. It is further submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5. Learned APP for the State opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, let petitioner, above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Salaiya P.S. Case

Patna High Court CR. MISC. No.81470 of 2025(2) dt.12-01-2026 3/3 No.85 of 2025, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that one of the bailors of the petitioner shall be his father, namely, Virendra Chauhan.

8. It is also made clear that if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event, the learned Trial Court shall be at liberty to cancel the bail bond of the petitioner.

(Satyavrat Verma, J) Sanjay/- U T