Patna High Court
Sanjiv Singh @ Sabjeev Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond, surety requirements, and conditions of appearance.
Summary
The petitioner, Sanjiv Kumar Singh, was arrested in connection with a violent incident on 30 October 2025, alleged to involve assault with a lathi, stone‑pelting, and threats, leading to charges under Sections 126(2), 115(2), 352, 351(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, claiming no prior criminal record and asserting that he was falsely implicated due to an ongoing land dispute with the complainants, who are his agnates. The State opposed the bail, emphasizing the seriousness of the injuries inflicted, including grievous fractures to the informant’s wife. The Court considered the petitioner’s custody period, the filing of the charge sheet, his clean antecedent record, and the circumstances of the case. Concluding that the factors did not warrant continued detention, the Court ordered bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- assault
- false implication
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90627 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- MOHANPUR District- Jamui
======================================================
Sanjiv Singh @ Sabjeev Kumar Singh Son of Sambhu Singh @ Sambhu
Prasad R/o Village - Kakanchor, P.S.- Mohanpur, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Mohanpur P.S. Case No. 126 of 2025 instituted for the offence
under Sections 126(2), 115(2), 352, 351(2), 109 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on
30.10.2025 at about 04:00 a.m., Sanjiv Kumar Singh (petitioner)
assaulted the informant’s wife with a lathi causing fractures, and
also injured Ashish Kumar Singh by pelting stones, with Arti
Singh and Sandhiya Kumari threatening to kill. It is further
alleged that stones were pelted on the house of Pramanand
Singh causing injury to his daughter-in-law and damage to the
Patna High Court CR. MISC. No.90627 of 2025(4) dt.13-01-2026
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roof.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 31.10.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel for the petitioner submits that parties are
agnates and there is subsisting land dispute between the parties.
There is case and counter case between the parties. Injury
sustained by the wife of the informant is found to be grievous in
nature, though the same is not inflicted on the vital part. Charge
sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
Patna High Court CR. MISC. No.90627 of 2025(4) dt.13-01-2026
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amount each to the satisfaction of Court below/concerned Court
in connection with Mohanpur P.S. Case No. 126 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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