Patna High Court
Syamkant @ Shyamkant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the incident was a mutual free‑fight lacking the requisite intention to cause death, and therefore anticipatory bail could be granted under Section 438 CrPC/Section 482 BNSS.
Summary
The petitioner, Syamkant Kumar, sought anticipatory bail in connection with a case (Kotwa PS Case No. 95 of 2023) involving offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the IPC. He alleged that the incident was a mutual free‑fight arising from a neighbourhood dispute, and that he had no intention to cause death, which is essential for a charge under Section 307 IPC. The State opposed the bail, contending that the petitioner actively participated in the assault. The court examined the nature of the injuries, the fact that both parties were injured, and the lack of evidence of intent to kill, concluding that the allegations did not satisfy the threshold for an attempt to murder. Accordingly, the court granted anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438 CrPC and Section 482 BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC and Section 482 BNSS in view of the alleged offences.
- Whether the facts constitute an offence under Section 307 IPC requiring an intention to cause death.
- Whether the nature of the incident as a "free‑fight" negates the prosecution's case for attempted murder.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- free fight
- intention to cause death
- IPC
- Section 307
- Section 438 CrPC
- Section 482 BNSS
- criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1817 of 2026
Arising Out of PS. Case No.-95 Year-2023 Thana- KOTWA District- East Champaran
======================================================
Syamkant @ Shyamkant Kumar, S/o Shiw Shankar Mahto, R/o Village and
P.O.-Karariya, Konhawa Machhar Gawan, P.S.-Kotwa, District-East
Champaran, Motihari
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kotwa P.S. Case No.
95 of 2023 registered for the offences punishable under
Sections 341, 323, 324, 307, 379, 504, 506 read with 34 of
the Indian Penal Code.
3. Allegation against the petitioner is to assault the
informant and others alongwith other co-accused persons by
means of Lathi, iron rod, knife etc. causing head and bodily
injuries, having intention to cause their death, where occurrence
is arises out of neighbourhood dispute and differences.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.1817 of 2026(2) dt.09-02-2026
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petitioner submitted that petitioner has been falsely implicated
in the present case due to neighbourhood dispute and
differences. It is submitted that occurrence is of free-fight in
nature, where both parties have received injuries and for same
set of occurrence a counter case was lodged by petitioner’s side
which has been registered as Kotwa P.S. Case No. 93 of 2023.
It is further submitted that allegation is limited as to give only
order/instigate to other co-accused persons to assault the
informant and others during the course of occurrence. It is
submitted by learned counsel that occurrence is free-fight in
nature, therefore, it cannot be said that petitioner was under
intention to cause death of the injured, which is a prime
consideration to constitute a case under Section 307 of the
I.P.C. Petitioner is a man of clean antecedent. Explaining
injuries, it is submitted by learned counsel that all injuries as
alleged to be caused by this petitioner, upon medical
examination, found simple in nature except the injury found on
ring finger, which was found grievous in nature. It is submitted
that the body parts, where grievous injury was found is non-vital
part, which negates the intention to cause death. The petitioner
is a man of clean antecedent.
Patna High Court CR. MISC. No.1817 of 2026(2) dt.09-02-2026
3/3
5. Learned A.P.P. for the State while opposing the
prayer for anticipatory bail of the petitioner, submitted that
petitioner has actively participated during the course of
occurrence.
6. In view of the aforesaid factual submissions and
by taking note of the fact as the occurrence is free fight in
nature, where both parties received injuries, accordingly, above-
named petitioner, in the event of his arrest/surrender within a
period of four weeks from today, is directed to be enlarged on
bail on furnishing of bail bond of Rs.10,000/- (ten thousand
only) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, East
Champaran at Motihari in connection with Kotwa P.S. Case No.
95 of 2023, subject to the conditions as laid down under Section
438 (2) of the Code of Criminal Procedure (in short
‘Cr.P.C.’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’)
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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