Patna High Court

Sanjay SinghversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

Bail was granted to the petitioners subject to a bond and conditions under Section 438(2) Cr.P.C.

Summary

The petitioners, two brothers, were charged in Barauli P.S. Case No. 22 of 2025 for assaulting an informant and his family with a sword and lathi, invoking several offences under the BNS, 2023. They sought bail fearing arrest, asserting clean antecedents and that the injuries were limited. The informant’s counsel opposed bail, emphasizing the grievous nature of the injuries. The court noted the familial dispute, the fact that both parties had filed cases against each other, and the petitioners’ clean record. Considering these circumstances, the court ordered bail on a bond of Rs.10,000 each with two sureties, subject to Section 438(2) of the Cr.P.C. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

Whether bail should be granted to the petitioners despite the seriousness of the offences under the BNS, 2023.
Whether the petitioners pose a flight risk or threat to the investigation.
Whether the injuries sustained justify denial of bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
assault
weapon offence
brother dispute
Criminal Procedure Code
Bihar Negotiable Substances Act
Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46151 of 2025
                      Arising Out of PS. Case No.-22 Year-2025 Thana- BARAULI District- Gopalganj
                 ======================================================
           1.     Sanjay Singh S/o Late Ramdayal Singh Resident of Bagheji, P.O.- Bagheji,
                  P.S.- Barauli, District- Gopalganj, Bihar-841405
           2.     Prince @ Prince Kumar @ Bullu Kumar S/o Sanjay Singh Resident of
                  Bagheji, P.O.- Bagheji, P.S.- Barauli, District- Gopalganj, Bihar-841405
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Amit Kumar Singh
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   11-02-2026                    Heard learned counsel for the petitioners as well as the

                   learned APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Barauli P.S. Case No. 22 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 351(2), 351(3),

                   117(2), 109(1) and 3(5) of the BNS, 2023.

                                3. As per prosecution case, it is alleged that on

                   30.01.2025 at about 04:45 P.M., the petitioner no. 1 and petitioner

                   no. 2, along with others came armed with sword and lathi and

                   assaulted the informant. Petitioner no. 1 allegedly gave a sword

                   blow on the head of the informant, while petitioner no. 2 assaulted

                   him with a lathi causing injury and fracture on his hand. It is

                   further alleged that the informant’s wife and son were also

                   assaulted. Thereafter, the accused persons fled away from the

                   place of occurrence.

                                4. The learned counsel for the petitioners has submitted
           Patna High Court CR. MISC. No.46151 of 2025(5) dt.11-02-2026
                                                       2/2




                     that both the parties are own brothers. There is case and counter-

                     case between them. Both the parties have suffered injuries and the

                     petitioners are persons of clean antecedents.

                                  5. On the other hand, the learned counsel for the

                     informant has opposed the prayer for bail by submitting that both

                     the parties have suffered grievous injuries. Learned counsel for the

                     petitioner replied that there is only one injury on the person of the

                     injured.

                                  6. Both the parties are own brothers. Both sides have

                     filed cases against each other.

                                  7.   Considering        the    above-mentioned      facts     and

                     circumstances, let the petitioners, in the event of their arrest or

                     surrender within four weeks before the learned court below, be

                     released on bail on furnishing bail bond of Rs. 10,000/- (Ten

                     Thousand) each with two sureties of the like amount each to the

                     satisfaction      of     learned        Judicial     Magistrate-Ist      Class,

                     Gopalganj/concerned court in connection with Barauli P.S. Case

                     No. 22 of 2025, subject to the conditions as laid down under

                     Section 438(2) Cr.P.C.


                                            (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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