IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55927 of 2026 Arising Out of PS. Case No.-287 Year-2026 Thana- RAJIVNAGAR District- Patna ====================================================== Dhananjay Kumar, S/O Yogendra Rai, R/O- Nakta Diyara, P.S.- Digha, District- Patna, Bihar, Presently residing at Shaktipuram Colony, P.S.- Rajiv Nagar, Distt.- Patna, Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Bharti, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner apprehends arrest in connection with Rajiv Nagar P.S. Case No. 287 of 2026 lodged on 13.05.2026, for the offence punishable under Sections 223, 316(2), 318(4), 119(1), 61(2) and 3(5) of BNS, 2023 and Section 3 of The Prevention of Damage to Public Property Act, 1984, pending in the learned court of Additional Chief Judicial Magistrate-II, Patna. 3. As per the prosecution case, an inspection was conducted by the officials of the Bihar State Housing Board with the assistance of the police in respect of the land belonging to the Housing Board. During the course of inspection, it was Patna High Court CR. MISC. No.55927 of 2026(2) dt.19-08-2026 2/3 found that a boundary wall had been constructed over an area measuring 1.5 kathas of land situated towards the north-western side of Pahalwan Chowk. The contractor, who identified the owner of the said land, disclosed the name of the petitioner. Accordingly, the Housing Board instituted the present case against the petitioner, treating him as the owner of the said land. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has been shown as the known owner of the land; however, it is the specific case of the petitioner that he is not the owner of the said plot. Learned counsel further submits that the petitioner has one criminal antecedent, being a case under the Bihar Excise Act. He submits that the petitioner is ready and willing to abide by any condition that may be imposed by this Court. 5. Learned counsel for the State, on the other hand, opposes the prayer for bail and submits that if the petitioner is not the owner of the land, then his identity and connection with the said plot are required to be explained. 6. As such, in the present facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. However, liberty is granted to the petitioner to appear before the Patna High Court CR. MISC. No.55927 of 2026(2) dt.19-08-2026 3/3 learned Trial Court within a period of six weeks from today along with documents establishing his correct identity and his relationship, if any, with the land in question. Upon such appearance, the learned Trial Court shall consider the petitioner's prayer for bail, without being prejudiced by the observations made hereinabove, and pass an appropriate order on the merits of the case. Ashwini/anjali/- (Dr. Anshuman, J) U T