Patna High Court
Pravesh Yadav @ Ram Pravesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the occurrence prima facie appeared to be a free fight with simple injuries, negating the alleged intention to cause death.
Summary
Petitioners Pravesh Yadav and Ravi Kumar were arrested in connection with a land‑dispute related assault alleged under Sections 115(2), 126(2), 352, 351(2), 109(1) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. They were accused of attacking an informant with lathis and other weapons, allegedly with the intention to cause death. The petitioners contended that the incident was a "free fight" in which both sides sustained injuries, and therefore there was no intention to cause death. The Additional Public Prosecutor opposed bail, but the court observed that the injuries appeared simple and the facts suggested a mutual fight, rendering the charge of intent to cause death doubtful. Consequently, the court granted bail to both petitioners subject to a bond and sureties, invoking Section 438(2) of the CrPC and Section 482(2) of the BNS.
Issues considered
- Whether the alleged assault amounts to an offence with intention to cause death under the BNS provisions
- Whether the circumstances constitute a "free fight" negating the specific intent required for the charges
- Whether bail should be granted under Section 438 of the CrPC in view of the nature of injuries and the prima facie facts
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1) read with 3(5), 115(2), 126(2), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- intention to cause death
- free fight
- BNS
- Section 438
- Section 482
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10714 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- Singhaul District- Begusarai
======================================================
1. Pravesh Yadav @ Ram Pravesh Yadav, Son of Dorik Yadav
2. Ravi Kumar, Son of Sudhir Yadav
Both are resident of Village - Sushil Nagar, P.S. - Singhaul in the district of
Begusarai.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners
and learned Additional Public Prosecutor for the
State.
2. The accused/petitioners are named in
the FIR and apprehending their arrest in
connection with Singhaul P.S. Case No.169 of 2025
registered under Sections 115(2), 126(2), 352,
351(2), 109(1) read with 3(5) of the Bhartiya
Nyaya Sanhita, 2023 (in short ‘BNS’).
3. Allegation against petitioner is to
assault the informant and others during occurrence
by using lathi, rod, brick plates, stone chips etc.
causing head and bodily injuries, where alleged
Patna High Court CR. MISC. No.10714 of 2026(2) dt.23-02-2026
2/3
assault was intended to cause death of informant
and others. The alleged occurrence took place in
the background of land dispute.
4. It is submitted by learned counsel that
occurrence was free fight in nature, where both
parties have received injuries and, therefore, it can
be said safely that petitioners were not under
intention to cause death of informant and other
injured persons. It is submitted that for same set of
occurrence, petitioners’ side also lodged a criminal
case, which was lodged as Singhaul P.S. Case
No.170 of 2025. It is submitted that the injuries as
discussed through impugned order suggest prima
facie that their nature are simple, which also prima
facie negates the allegation that assault was made
with intention to cause death. The petitioners
claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions
and by taking note of fact as the occurrence prima
facie appears free fight in nature, where both
parties have received injuries, coupled with the
Patna High Court CR. MISC. No.10714 of 2026(2) dt.23-02-2026
3/3
fact that the nature of injuries prima facie appears
simple, accordingly, both petitioners, above-
named, are directed to be released on bail, in the
event of their arrest or surrender in the court
below within a period of four weeks, on 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 Chief
Judicial Magistrate-IV, Begusarai in connection with
Singhaul P.S. Case No.169 of 2025, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.