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Patna High Court

Rahul Kumar @ Hemant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the incident was a free fight without intent to cause death, and the prosecution failed to make out a prima facie case under Section 109, thereby granting bail.

Summary

The petitioners, Rahul Kumar and Rohit Kumar, were named in an FIR for multiple offences including assault with intent to cause death arising from a land dispute. They sought bail, arguing that the incident was a "free fight" and that there was no intention to cause death, also citing a clean antecedent. The State opposed bail, contending that the allegations under Section 109 of the Bihar Penal Code required a prima facie case. The Court examined the nature of the allegations, noting they were general and the incident appeared to be a mutual fight, and held that the prosecution had not established the requisite intent. Consequently, the Court ordered the release of the petitioners on bail with a bond of Rs. 10,000 and two sureties each, subject to Section 482(2) of the CrPC.

Issues considered

  • Whether the allegations constitute a prima facie case under Section 109 of the Bihar Penal Code justifying denial of bail.
  • Whether the characterization of the incident as a "free fight" arising from a land dispute negates the intention to cause death and warrants bail.

Legislation cited

Subjects

  • bail
  • assault
  • intent to cause death
  • free fight
  • land dispute
  • Section 109
  • prima facie case
  • Bihar Penal Code
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10664 of 2026
                     Arising Out of PS. Case No.-413 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Rahul Kumar @ Hemant Kumar S/O Manoj Ray R/O Village- Bhaluhi, P.S-
                  Marhaura, Distt.- Saran.
           2.    Rohit Kumar S/O Manoj Ray R/O Village- Bhaluhi, P.S- Marhaura, Distt.-
                 Saran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raghwendra Pratap Singh
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-02-2026                     Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Marhaura

                   P.S. Case No. 413 of 2025 registered for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 109,

                   303(2), 352, 351(2), 3(5) of BNS.

                                3. As per FIR, petitioners alleged to assault

                   informant and others causing head and bodily injuries,

                   where alleged assault was made with an intention to

                   cause their death. Dispute alleged to arising out of land

                   dispute.
Patna High Court CR. MISC. No.10664 of 2026(2) dt.23-02-2026
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                       4. It is submitted by learned counsel appearing

          on behalf of the petitioners that occurrence was free fight

          in nature, therefore, it can be safely said that petitioners

          were not under intention to cause their death as they also

          received injuries and for same set of occurrence

          petitioner’s side also lodged a police case which was

          registered as Marhaura P.S. Case No. 412 of 2025 which

          was lodged prior to this case. It is submitted that the

          learned trial court rejected the prayer of bail of petitioners

          for the simple reason that the injury report was not made

          available. It is submitted that only nature of injury is not a

          consideration to make out a prima-facie case under

          Section 109 BNS rather several factors are required to be

          taken into consideration. In support of his submission

          learned counsel relied upon the legal report of Hon’ble

          Supreme Court as available through Jage Ram &

          Others vs. State of Haryana reported in (2015) 11

          SCC 366. Petitioners claimed clean antecedent.

                       5 Learned APP opposes the prayer of bail.
              Patna High Court CR. MISC. No.10664 of 2026(2) dt.23-02-2026
                                                          3/3




                                     6. In view of aforesaid factual submission and by

                        taking note of fact as the allegation qua physical assault is

                        appearing very general and omnibus against petitioners,

                        where occurrence is free fight in nature arising out of land

                        dispute, accordingly both above-named petitioners, in the

                        event of their arrest or surrender before the court below

                        within a period of four weeks, are directed to be released

                        on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount each

                        to the satisfaction of the learned CJM, Saran, Chapra

                        /concerned Court, where the case is pending in

                        connection with Marhaura P.S. Case No. 413 of 2025,

                        subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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