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Patna High Court

Sarjan Singh @ Sajan Singh @ Sajan Kumar SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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