Dhananjay Kumar @ Patalpani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87397 of 2025 Arising Out of PS. Case No.-351 Year-2025 Thana- BARH District- Patna ====================================================== Dhananjay Kumar @ Patalpani S/o- Sanjay Ram @ Sanjay Prasad Village - Durjanchak, P.S- Sakohara, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar, Advocate Mr.Ujjwal Shandilya, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-04-2026 Heard Mr. Suraj Kumar, along with Mr. Ujjwal Shandilya, learned counsels appearing on behalf of the petitioner and Mr. Lalan Kumar, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Barh P.S. Case No. 351 of 2025 registered under Sections 303(2) of the Bharatiya Nyaya Sanhita.
3. As per the allegations made in the FIR, while the informant was selling vegetables at his shop, an unknown person snatched his money bag containing the cash and fled away with an accomplice on a motorcycle, and the accused persons were subsequently identified as Dhananjay Kumar @
2/4 Patalpani (petitioner) and Gedda.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case due to political enmity and local rivalry. The petitioner was not present at the place of occurrence at the relevant time and his name has surfaced only on the basis of an alleged disclosure by an unidentified person, which has no evidentiary value. Neither the petitioner was apprehended from the place of occurrence nor any incriminating article has been recovered from his possession, and there is no independent witness to support the prosecution case. On these grounds, the petitioner seeks to be released on 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, upon perusal of the materials available on record, this Court finds that the implication of the petitioner appears to be primarily based on suspicion. The petitioner was neither apprehended from the place of occurrence nor has any incriminating article been recovered from his possession, and no independent witness supported the prosecution case. There is no cogent material, either direct or circumstantial, to implead the
3/4 petitioner with the alleged offence. Considering the nature of the allegations and the materials on record, I am of the opinion that the petitioner having clean antecedent has, prima facie, made out a case to be released on pre-arrest 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 District Court where the case is pending in connection with Barh P.S. Case No. 351 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
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.
9. The petitioner shall forthwith appear before the Superintendent of Police concerned along with a copy of this order and shall cooperate with the investigation as and when called by the Investigating Officer. In the event the petitioner fails to participate in the investigation on any
4/4 date, the interim protection granted to the petitioner shall stand vacated automatically.
(Purnendu Singh, J) Ashishsingh/- U T