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Patna High Court

Pravesh Yadav @ Ram Pravesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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