Patna High Court
Rahul Kumar @ Hemant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
2/3
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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