Patna High Court
Sanjay Singh @ Sanjay Kumar Singh @ Sanjay Kumar @ Naukar SanjayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, finding no sufficient basis to continue his detention.
Summary
The petitioner, Sanjay Singh, was arrested in connection with a violent incident recorded in FIR No.199 of 2025, which listed ten named accused but did not name him. He applied for regular bail under sections 115(2), 118(1), 109, 103(1) and 3(5) of the Bhartiya Nyay Sanhita, 2023, claiming he was falsely implicated and has no prior criminal record. The State opposed bail, relying on a confessional statement and testimony of witnesses who alleged his participation. The Court noted that the FIR specifically described the assault by the ten named accused, omitted the petitioner’s name, and that he had been in custody for five months despite the charge sheet being filed. Considering the lack of naming in the FIR, his clean antecedent, and prolonged detention, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to an accused not named in the FIR but alleged by witnesses and a confessional statement
- Whether the reliance on a confessional statement justifies continued detention
- Whether prolonged pre‑trial custody without specific charge warrants bail
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 109, 115(2), 118(1), 3(5)
Subjects
- bail
- criminal procedure
- false implication
- Bhartiya Nyay Sanhita
- regular bail
- FIR
- confessional statement
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5651 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- DAUDPUR District- Saran
======================================================
Sanjay Singh @ Sanjay Kumar Singh @ Sanjay Kumar @ Naukar Sanjay S/O
Dharmdeo Singh Resident of Village- Padhiya Pokhra, P.S- Dumrao, Distt.-
Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhachal Singh, Sr. Advocate
Mr. Vipin Kumar Singh
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard leaned Senior counsel for the petitioner
learned APP for the State and the learned counsel for the
informant.
2. The petitioner has preferred this application for
grant of regular bail in connection with Daudpur P.S. Case no.
199 of 2025 registered under sections 115(2), 118(1), 109, 103(1)
and 3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that seven named accused persons and ten unknown accused
persons came variously armed and started to hurl abuses. It is
further stated that Rabindra Singh, Raj Kishore Singh and
Brajesh Singh caught hold of Vijay Singh and started to assault
with a knife causing serious injuries in his stomach, chest, etc.
leading to his death on the spot. It is further stated that Brajesh
Patna High Court CR. MISC. No.5651 of 2026(2) dt.04-02-2026
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Singh struck the informant with a knife causing injury in his
stomach. Further Brajesh Singh, Krishna Singh and Sanjeev
Singh assaulted Ajit Singh causing injuries with knife. Ratan
Yadav, Sanjeev Singh, Raj Kishore Singh attacked Manindra
Singh, Shubham Singh and Praveen Singh brutally injuring
them. The accused persons also assaulted and injured Ajay
Singh and Madhav Singh. The informant further states that Jai
Kishore Singh, Hukum Singh and Pramod Singh were also
involved in the attack.
4. Learned Senior counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. The
allegation against the 10 named accused persons are specific
and given in detail. Referring to the order of the learned Court
below it is submitted that the petitioner was falsely implicated in
the case in course of investigation. Inspite of the petitioner
being known to the informant side there was no reason as to
why he was not named in the FIR. It is submitted that the
learned Court below in rejecting the application for bail, has
relied on the confessional statement of the petitioner made
before police. The petitioner is in custody since 11.8.2025 and
charge sheet has been submitted in the case. He has no criminal
antecedent.
5. The application for bail is opposed by learned
Patna High Court CR. MISC. No.5651 of 2026(2) dt.04-02-2026
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A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that the witnesses in
course of investigation have supported the allegation of the
petitioner having participated in the occurrence and also of
having assaulted the deceased. It is submitted that the allegation
against the petitioner has also been supported by the injured
witnesses.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR wherein
inspite of specific and detailed description of the assault having
been given against ten named accused persons, the petitioner not
having been named therein together with the petitioner who has
no criminal antecedent having remained in custody for five
months since 11.8.2025 and charge sheet having been submitted
in the case, the Court directs the petitioner to be enlarged on bail in
connection with Daudpur P.S. Case no. 199 of 2025 on furnishing
bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Saran at Chapra.
(Partha Sarthy, J)
Bibhash/-
U
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