Patna High Court
Sajjan Kumar @ Sanjan Kumar Singh @ Sajjan Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, holding that they were not the order‑givers or assailants in the incident.
Summary
The petitioners, Sajjan Kumar and Lalita Devi, applied for anticipatory bail in a case (PS Jaynagar Case No. 277 of 2025) alleging they participated in destroying a boundary, assaulting an informant, and a firearm injury was caused by another accused. They contend they are merely relatives of the informant, not the order‑givers or assailants, and that the shooting was done by Roshan Kumar Singh. The State opposed bail, citing the petitioners' alleged criminal antecedents. The court examined the allegations, the petitioners' relationship to the informant, and the lack of direct involvement in the assault or firing. Finding that the petitioners were not the principal offenders and considering the nature of the allegations, the court granted anticipatory bail with conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC given the allegations of assault and destruction of property.
- Whether the petitioners' alleged criminal antecedent warrants denial of bail.
- Whether the petitioners can be held liable for the firearm injury caused by another accused.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- BNS, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 352
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- criminal antecedent
- land dispute
- assault
- firearms
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8885 of 2026
Arising Out of PS. Case No.-277 Year-2025 Thana- JAYNAGAR District- Madhubani
======================================================
1. Sajjan Kumar @ Sanjan Kumar Singh @ Sajjan Kumar Singh Son of Shyam
Kumar Singh R/O Village - Laksariya, Ward No.- 10, P.S.- Jaynagar, District
- Madhubani.
2. Lalita Devi Wife of Shyam Kumar Singh R/O Village - Laksariya, Ward
No.- 10, P.S.- Jaynagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-05-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Jaynagar Police Station Case No. 277 of 2025,
disclosing offences under Sections 126(2), 115(2), 118(2), 109,
352, 3(5) of the BNS, 2023 and Sections 25(1-b)a, 26, 27 of the
Arms Act.
3. As per the FIR, on 14.08.2025 in the morning,
the petitioners along with other accused persons arrived at the
house of the informant, started destructing his boundary made
with bamboo and when objected, the petitioners and others
abused and assaulted him. On the order of Shyam Kumar Singh,
Patna High Court CR. MISC. No.8885 of 2026(2) dt.06-05-2026
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Roshan Kumar Singh fired upon the informant with his country-
made pistol due to which he sustained firearm injury on his right
hand.
4. Learned counsel for the petitioners submits that
the petitioner no. 1 is the nephew of the informant and petitioner
no. 2 is the sister-in-law of the informant. There is a dispute
regarding land between the parties. The petitioners are neither
the order giver nor the assailants. The allegation of firing is
upon Roshan Kumar Singh.
4. Learned counsel for the state opposes the prayer
for anticipatory bail and submits that the petitioners are having
criminal antecedent.
6. In reply, learned counsel for the petitioners
submits that criminal antecedent arises out of the case lodged by
the uncle of the petitioner due to land dispute.
7. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation against the petitioners and petitioners are neither the
order giver nor the assailants, I am inclined to grant the
petitioners privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioners, above named, in the event of
Patna High Court CR. MISC. No.8885 of 2026(2) dt.06-05-2026
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their arrest or surrender before the Court below within four
weeks, be released 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 Chief Judicial Magistrate,
Madhubani, in connection with Jaynagar Police Station Case
No. 277 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
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