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Patna High Court

Sajjan Kumar @ Sanjan Kumar Singh @ Sajjan Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


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