Patna High Court
Nandjee SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioners.
Summary
The petitioners Nandjee Singh and Dhanjee Singh were arrested in connection with a violent incident alleged to have occurred in Sanjhauli, Rohtas, where they, along with others, allegedly assaulted several persons with weapons, including an iron rod, lathi‑danda and a tooth bite. They were charged under Sections 126(2), 191(2), 191(3), 109, 352 and 351(2) of the B.N.S., 2023. The petitioners contended that they are innocent, have no prior criminal record, and have been in judicial custody since 9 October 2025; they relied on the post‑mortem report indicating death due to blunt‑force head injury. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Patna High Court found that the circumstances warranted bail and ordered the petitioners to be released on a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail can be granted to the accused persons charged under Sections 126(2), 191(2), 191(3), 109, 352 and 351(2) of the B.N.S., 2023 given the nature of the alleged assault
- Whether the petitioners’ claim of innocence and lack of criminal antecedents outweighs the prosecution’s case
Legislation cited
- B.N.S., 2023 — s. 109, 126(2), 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- Section 126
- Section 191
- Section 109
- Section 352
- Section 351
- Bihar
- Patna High Court
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89368 of 2025
Arising Out of PS. Case No.-167 Year-2025 Thana- SANJHOLI District- Rohtas
======================================================
1. Nandjee Singh Son of Late Jagrup Singh R/o Village - Soni, P.S. - Sanjhauli,
Dist. - Rohtas.
2. Dhanjee Singh @ Dhanji Singh Son of Late Jagrup Singh R/o Village - Soni,
P.S. - Sanjhauli, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and Mr. Ashok
Kumar Singh, learned APP for the State.
2. The petitioners have prayed for bail in connection
with Sanjhauli P.S. Case No. 167 of 2025 registered for the
offence punishable under Sections 126(2), 191(2), 191(3), 109,
352, 351(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner, along with others being armed with weapons, arrived. It
is alleged that the specific allegation against one Sandhya Kumari
is that she assaulted with iron rod on the head of the Lok Nath
Singh (the uncle of the informant), as he fell down, it is alleged
that other accused persons assaulted him with lathi-danda. It is
further alleged that as Arvind Kumar came to rescue, he was also
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being assaulted by the accused persons. It is specifically alleged
that Ramji Singh gave a tooth bite to the brother of the informant
on his lips. When Pradeep Kumar arrived to rescue, he was also
assaulted by the accused persons.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Learned counsel for the petitioner submits that from perusal
of the postmortem report as recorded by the learned trial court in
its order, that postmortem report shows that the death is due to
antemortem craniocerebral damage as a result of head injury
consequent to blunt force/surface impact. He further submits that
there is a specific allegation against one Sandhya of assaulting him
on the head. He further submits that a statement has been made in
para 3 of the petition that petitioners have no criminal
antecedent and they are languishing in judicial custody since
09.10.2025.
5. The application for bail is vehemently opposed by
learned counsel for the informant and the learned APP for the
State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
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petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class-cum-A.M. Bikramganj in connection
with Sanjhauli P.S. Case No. 167 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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