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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57784 of 2026 Arising Out of PS. Case No.-180 Year-2026 Thana- HATHUA District- Gopalganj ====================================================== Dhananjay Rai S/o Late Nathuni Rai R/o Chainpur, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deepankar Raj, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Hathua P.S. Case No.180 of 2026, FIR dated 24.05.2026, registered for the offence punishable under Sections 126(2), 115(2), 76, 326(f), 352, 351(3) of the Bharatiya Nyaya Sanhita. 3. As per the FIR, the petitioner entered the house of the informant in a drunken state and molested her. When she protested, the petitioner abused and assaulted her. Thereafter, the petitioner fled from the house and, while fleeing, set fire to her (barn) bakhar. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the allegation of setting the barn
Patna High Court CR. MISC. No.57784 of 2026(2) dt.19-08-2026 2/3 on fire has not been found to be true during the course of investigation. It is further submitted that the notice issued to the petitioner by the police under Section 35(3) of the BNSS for participating in the investigation was duly accepted by him and he has participated in the investigation being carried out by the Investigating Officer. It has next been submitted that the petitioner is ready to cooperate with the police officials till submission of the police report in the instant case. Lastly, it is submitted that the petitioner has no criminal antecedents. 5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner. 6.
Considering the fact that the allegation of setting the barn on fire has not been found to be true during the course of investigation, the petitioner has already participated in the investigation pursuant to the notice issued under Section 35(3) of the BNSS, and he has no criminal antecedents, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj/Successor Court in connection with Hathua P.S. Case
Patna High Court CR. MISC. No.57784 of 2026(2) dt.19-08-2026 3/3 No.180 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. shikha/- (Ajit Kumar, J) U T