Patna High Court
Sarjan Singh @ Sajan Singh @ Sajan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered that both petitioners be released on bail subject to bond and compliance conditions.
Summary
The petitioners, Sarjan Singh and Abhinash Singh, applied for bail in a case registered under multiple sections of the Bihar National Security Act, 2023 and the Arms Act. The prosecution alleged that the petitioners were armed, fired weapons and were involved in assaults with lathis. The petitioners contended that the FIR was vague, they were falsely implicated, and that a co‑accused with similar circumstances had previously been granted bail. The State opposed bail, highlighting the petitioners’ prior criminal antecedents. After hearing both sides, the court granted bail to both petitioners on the condition of a Rs 10,000 bond with two sureties each and a requirement to cooperate with the trial and be present on all court dates.
Issues considered
- Whether bail can be granted to accused persons charged under the Bihar National Security Act, 2023 and the Arms Act despite the seriousness of the alleged offences.
- Whether the presence of prior criminal antecedents bars the grant of bail.
- Whether the FIR’s lack of specific allegations justifies bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 27, 35
- Bihar National Security Act, 2023 — s. 109(1), 115(2), 126(2), 127(2), 140(2), 190, 191(2), 191(3), 303(2), 351(3), 352, 61(2)
Subjects
- bail
- Bihar National Security Act
- Arms Act
- criminal antecedent
- FIR
- judicial custody
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26165 of 2026
Arising Out of PS. Case No.-191 Year-2025 Thana- NAUHATTA District- Rohtas
======================================================
1. Sarjan Singh @ Sajan Singh @ Sajan Kumar Singh Son of Saman Singh @
Saman Narayan Singh Resident of Village- Banahi, P.S.- Nauhatta, District-
Rohtas
2. Abhinash Singh @ Abhinash Kumar Singh @ Avinash Singh Son of
Shaligram Singh Resident of Village- Banahi, P.S.- Nauhatta, District-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate.
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Nauhatta P.S. Case No. 191 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
127(2), 115(2), 109(1), 140(2), 303(2), 352, 351(3) and 61(2) of
the B.N.S., 2023 and Section 25(1-B)(a), 27 and 35 of the Arms
Act.
3. The case of the prosecution, in short, is that the
petitioner, along with others, arrived armed with weapons. It is
specifically alleged that the petitioners were armed with weapons
and Diwakar Singh, Ravi Shankar Singh, Pankaj Singh, Shaligram
Patna High Court CR. MISC. No.26165 of 2026(2) dt.08-05-2026
2/3
Singh, and the petitioner had made firing, and certain persons were
having lathi. Shaligram Singh, Sarjan Singh (the petitioner) and
Ravi Shankar Singh were assaulted with a lathi.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear that
the nature of allegation is general and omnibus and specific
allegation is only against one co-accused namely, Ravi Shankar
Singh that he has assaulted with lathi. He further submits that the
nature of injuries are simple. He further submits that similarly
situated other co-accused has been granted bail by this court vide
Cr. Misc. No. 20296 of 2026. The case of this petitioner stands on
similar footing. Moreover, the petitioners are languishing in
judicial custody since 10.03.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner no. 1 has criminal
antecedent of seven cases whereas petitioner no. 2 has criminal
antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail with the condition that
the petitioners shall cooperate in trial and shall remain
Patna High Court CR. MISC. No.26165 of 2026(2) dt.08-05-2026
3/3
physically present on each and every date fixed by the learned
trial court. The above named petitioners are directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) each with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate, 1 st Class, Dehri
On Sone at Rohtas in connection with Nauhatta P.S. Case No. 191
of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.