Patna High Court

Dhanjee SinghversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioners subject to bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS Act.

Summary

The petitioners, Dhanjee Singh and Dudhnath Singh, applied for pre‑arrest bail in a case registered under Sections 126(2), 115(2), 109 and 3(5) of the Bihar Narcotic Substances Act, 2023, alleging they assaulted an informant and his family. The FIR describes the assault as causing simple injuries, and the petitioners claim the dispute arose from a trivial quarrel between members of the Gotia community. The State opposed the bail, but the Court noted the minor nature of the injuries and that similar accused had been released on bail by the District Court. Accordingly, the Court granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the BNS Act. The Court also directed the District Court to verify any other criminal antecedents of the petitioners, stating that the bail order would lapse if such antecedents are found. The bail application was disposed of.

Issues considered

Whether pre‑arrest bail should be granted to the petitioners for offences under the BNS Act given the nature of the alleged assault
Whether the fact that the parties belong to the Gotia community and the injury is simple influences the bail decision
Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNS Act are satisfied

Legislation cited

Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 3(5), 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
assault
simple injury
Section 438 Cr.P.C.
Section 482 BNS Act
Bihar Narcotic Substances Act
gotiya community
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89455 of 2025
                      Arising Out of PS. Case No.-351 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
           1.     Dhanjee Singh S/o Dudhnath Singh R/o Village- Patkhouliya, PS- Nasriganj,
                  District- Rohtas
           2.     Dudhnath Singh S/o Late Ram Raj Singh R/o Village- Patkhouliya, PS-
                  Nasriganj, District- Rohtas
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kameshwar Singh, Advocate.
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   15-01-2026                      Heard learned counsel appearing on behalf of the

                   petitioners and learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Nasriganj P.S. Case No. 351/2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 109 and 3(5)

                   of the BNS, 2023.

                                3. As per the allegation made in the F.I.R., the

                   petitioners assaulted the informant and his family members

                   causing injury to them.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that both the parties are gotiya and for

                   trivial reason, they entered into fierce fight, in which, son of the

                   informant got injured. From the impugned order dated

                   13.11.2025, it appears that injury is simple in nature and other
          Patna High Court CR. MISC. No.89455 of 2025(2) dt.15-01-2026
                                                      2/2




                    accused persons against whom similar allegation has been made

                    have been enlarged on bail by the learned District Court.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioners.

                                 6. Considering the nature of allegation made against

                    the petitioners, as well as, the fact that the parties are gotiya, the

                    petitioners, above named, are directed to be released on pre-

                    arrest bail, in the event of their arrest or surrender before the

                    Court below within a period of four weeks from today, on

                    furnishing bail bond of Rs. 10,000/- (Ten thousand) each with

                    two sureties of the like amount each to the satisfaction of

                    learned SDJM, Bikramganj, Rohtas in connection with

                    Nasriganj P.S. Case No. 351 of 2025, subject to the condition as

                    laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                              (Purnendu Singh, J)
mantreshwar/-
U      T

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