Patna High Court
Virendra Kumar Singh @ Virendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the single, unmediated assault did not prima facie indicate an intention to cause death, and therefore bail was granted to all three petitioners.
Summary
The petitioners, three relatives from Paliganj, were named in an FIR for assaulting an informant and others using brick-plates, causing a fractured nose and other injuries, alleged to be committed with intent to cause death arising from a land dispute. The petitioners contended that only the youngest, Nitesh Kumar, actually inflicted the injury and that the assault was a single act without intervening circumstances, thus lacking the requisite intention for IPC Section 307. They relied on Supreme Court precedents (Jage Ram v. State of Haryana and State of Himachal Pradesh v. Shamsher Singh) to argue that factors such as nature of injury, weapon, and conduct must be considered. The State opposed bail, maintaining the seriousness of the charges under Sections 341, 323, 325, 307 and 34 of the IPC. The Court held that the factual matrix prima facie negated the intention to cause death and that the allegations against the elder petitioners were general and omnibus, consequently granting bail subject to Section 438(2) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the assault alleged under the FIR was committed with intention to cause death within the meaning of IPC Section 307.
- Whether the petitioners are entitled to bail under Section 438(2) of the Criminal Procedure Code in view of the nature of the alleged offence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 325, 34, 341
Subjects
- bail
- assault
- intention to cause death
- IPC 307
- land dispute
- Section 438 CrPC
- general and omnibus allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17900 of 2025
Arising Out of PS. Case No.-137 Year-2021 Thana- PALIGANJ District- Patna
======================================================
1. Virendra Kumar Singh @ Virendra Singh
2. Santosh Kumar Singh @ Santosh Kumar
Both are S/o Girija Singh
3. Nitish Kumar, S/o Virendra Kumar Singh @ Virendra Singh @ Birendra
Singh
All are Resident of Village- Sarsi, P.S.-Paliganj, District- Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 20-01-2026 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 Paliganj P.S.
Case No.137 of 2021 registered under Sections 341, 323,
325 and 307 read with 34 of the Indian Penal Code.
3. Allegation against petitioners is to assault the
informant and others along with family members/co-accused
persons by using brick-plates etc., causing fracture of nose
and other bodily injuries, where assault as alleged was made
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with intention to cause death, where the occurrence appears
to be arising out of land dispute.
4. It is submitted by learned counsel appearing for
petitioners that the thrust of allegation qua physical assault
and fracture to nose of informant is though available against
petitioner no.3 Nitesh Kumar, who is son of petitioner no.1, it
appears that the only single assault was caused by petitioner
no.3 without having intervening circumstances and, therefore,
it cannot be said that the assault was made with intention to
cause death. It is submitted that the prime consideration as to
whether the assault was made with intention to cause death
or not, several factors are required to be taken into
consideration like, nature of injuries, nature of weapons,
manner of assault, pre and post conduct of occurrence, etc. In
support of his submission, learned counsel has relied upon
legal reports of Hon’ble Supreme Court as available through
Jage Ram vs. State of Haryana & Ors. [(2015) 11 SCC
366] and State of Himachal Pradesh vs. Shamsher
Singh [2025 SCC OnLine SC 807]. While concluding
argument, it is pointed out that the allegation qua petitioner
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nos. 1 and 2 are appearing very much general and omnibus in
nature and they have implicated only being parent and uncle
of Nitesh Kumar/petitioner no.3. The petitioners are men of
clean antecedent.
5. Arguing further, it is submitted that FIR for this
issue was lodged after ten days of the occurrence as an
afterthought in the background of the land dispute.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note nature of assault, as same was single without any
intervening circumstances prima facie negate the intention to
cause death on the part of petitioner no.3, whereas allegation
qua physical assault appears very much general and omnibus
against petitioner no.1 and 2, accordingly, all above-named
three petitioners in the event of their arrest or surrender in
the court below within a period of four weeks, are directed to
be released on bail, 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 S.D.J.M.,
Danapur in connection with Paliganj P.S. Case No.137 of
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2021, 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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