Patna High Court
Sanjay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bail bond, two sureties of equal amount, and surrender within eight weeks.
Summary
The petitioner, Sanjay Singh, was arrested in connection with a dispute over water drainage that escalated into a violent clash (Maarpit) resulting in injuries to both parties. He faced charges under multiple sections (115(2), 126(2), 117(2), 109(1), 351(2), 303(2), 352, 3(5)) of the Bhartiya Nyaya Sanhita, 2023. The petitioner, claiming a clean antecedent, applied for bail, while the State opposed the relief. The Court examined whether the nature of the offences and the circumstances warranted denial of bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Considering the petitioner’s willingness to surrender within eight weeks, the bail bond amount, and the presence of sureties, the Court found no compelling reason to refuse bail. Consequently, the Court ordered bail on the stipulated conditions. The order was pronounced by Hon’ble Mr. Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to the petitioner charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023 in view of the alleged violent dispute.
- Whether the conditions prescribed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 are satisfied.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115, 117, 126, 3, 303, 351, 352
Subjects
- bail
- criminal procedure
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- water drainage dispute
- violent clash
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.313 of 2026
Arising Out of PS. Case No.-290 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Sanjay Singh Son of Ramdeo Singh Resident of village - Khamhar, Ward No.-
9, Police Station - Mufassil, Pin - 851131, District - Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ankit Kumar Singh
For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 115(2), 126(2), 117(2),
109(1), 351(2), 303(2), 352, 3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. Dispute, over drainage of water, led to Maarpit, in
which, both sides sustained injuries. Case and counter case.
Petitioner claims clean antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
5. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
Patna High Court CR. MISC. No.313 of 2026(2) dt.21-01-2026
2/2
period of eight weeks from today, be enlarged on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. - I, Begusarai in connection with Muffassil P.S. Case
No. 290 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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