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2026 DAILYLAW 2124 (PAT)

Dhananjay Kumar @ Dhananjay Mahto v. The State of Bihar

CR. MISC./25328/2026 · 2026-04-18

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25328 of 2026 Arising Out of PS. Case No.-704 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Dhananjay Kumar @ Dhananjay Mahto S/o- Dharamnath Mahto Resident of Village- Piyar Purwa PS- Marhawarh, Dist- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Adesh Raj Singh, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 18-04-2026 Heard Mr. Adesh Raj Singh, learned counsel for the petitioner as well as Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 31.10.2025 in connection with Marhowrah P.S. Case No. 704 of 2025, F.I.R. dated 20.10.2025 for the offences punishable under Sections 310(4), 310(5) of the Bharatiya Nyay Sanhita, 2023 and 25(1-b)a, 26, 35 of Arms Act. 3. According to prosecution case,on secret information when the police reached the place of occurrence, they saw miscreants fleeing away. Police apprehended some of them, then from the possession of accused persons, knives, pistol, one live cartridge, one motorcycle, etc were recovered. The accused persons confessed that they have kidnapped on Parbindra Paswan and extorted Rs. 3 Lakh from his family and the money is kept with the petitioner and other accused persons. Patna High Court CR. MISC. No.25328 of 2026(2) dt.18-04-2026 2/3 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner was not apprehended at the place of occurrence and his name transpired on the basis of disclosure made by apprehended accused person, namely, Pramod Kumar Mahto and except the aforesaid, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He next submits that the one of the co-accused, namely, Ranjan Kumar who was apprehended at the place of occurrence has been granted the privilege of bail by the co-ordinate Bench of this Court vide order dated 17.04.206 in Cr. Misc. No. 25554 of 2026. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 31.10.2025. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and his name transpired on the basis of disclosure made by apprehended co-accused person and similarly situated co-accused person has been granted the privilege of bail by the co-ordinate Bench of this Court,let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.25328 of 2026(2) dt.18-04-2026 3/3 satisfaction of the learned 1st Class, Judicial Magistrate, Saran, Chapra in connection with Marhowrah P.S. Case No. 704 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Suruchi/- (Rajesh Kumar Verma, J) U T