Created by Fuzzy Cloud

Patna High Court

Nandjee SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

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
Patna High Court CR. MISC. No.89368 of 2025(2) dt.27-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.89368 of 2025(2) dt.27-01-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.