Patna High Court
Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the incident was a prima facie free fight without intention to cause death and therefore granted bail to the petitioners.
Summary
The Patna High Court considered a bail application filed by brothers Abhishek Yadav and Sanjay Yadav, who were implicated in Pachrukhi PS Case No. 578 of 2024 for offences under various sections of the Bhartiya Nayay Sanhita 2023, including assault and alleged attempt to cause death. The incident arose from a land dispute and the petitioners argued it was a "free fight" with no intention to kill. The State opposed bail, citing the seriousness of the charges. The Court examined the factual matrix, noted the absence of clear intent to cause death and the background of mutual enmity, and relied on the precedent Jage Ram & Others v. State of Haryana (2015) 11 SCC 366. Consequently, the Court directed that the petitioners be released on bail of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the BNSS, thereby granting bail pending trial.
Issues considered
- Whether the facts constitute an offence under Section 109 of the Bhartiya Nayay Sanhita 2023 (attempt to cause death).
- Whether bail can be granted in a case involving multiple serious offences under the BNSS.
- Whether the incident qualifies as a "free fight" exempting the accused from harsher charges.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- free fight
- land dispute
- assault
- attempt to murder
- Section 109
- Section 482
- Bhartiya Nayay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10709 of 2026
Arising Out of PS. Case No.-578 Year-2024 Thana- PANCHRUKHI District- Siwan
======================================================
1. Abhishek Yadav S/o- Late Kanhaiya Yadav Resident of village- Tilauta
Rasulpur PS- Pachrukhi District- Siwan.
2. Sanjay Yadav @ Sanjeev Yadav S/o- Late Kanhaiya Yadav Resident of
village- Tilauta Rasulpur PS- Pachrukhi District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Pandey No, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioners apprehending their arrest in
connection with Pachrukhi P.S. Case No. 578 of 2024 registered
for the offences punishable under Sections 126(2), 115(2),
118(1), 109, 303(2), 352, 351(2), 3(5) of Bhartiya Nayay
Sanhita 2023.
3. Petitioners alleged to assault informant and others,
causing head and bodily injuries during the occurrence, which
alleged to made with intention to cause their death. Occurrence
alleged to be arising out of land dispute.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.10709 of 2026(2) dt.23-02-2026
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behalf of the petitioners that the occurrence was free fight in
nature, where dispute took place in the background of land
dispute, where both parties received injuries and, therefore, it can
be safely said that petitioners were not under intention to cause
death of informant and others to make out a case under Section
109 of the IPC. In support of his submission, learned counsel
relied upon the legal report of Jage Ram & Others Vs. State of
Haryana reported in (2015) 11 SCC 366. It is submitted that
for the same set of occurrence, the mother of petitioners lodged a
case against informant’s side, which was registered as Pachrukhi
P.S. Case No. 579/2024. It is submitted that both petitioners are
brothers and are of clean antecedents.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact occurrence prima facie appears free fight in
nature, as discussed aforesaid in the background of previous
enmities and land dispute, accordingly, above named petitioners,
in the event of their arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is 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 Additional District and Sessions Judge-
Patna High Court CR. MISC. No.10709 of 2026(2) dt.23-02-2026
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IX, Siwan/concerned Court, where the case is pending in
connection with Pachrukhi P.S. Case No. 578 of 2024 subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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