Patna High Court
Brahamdeo MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted as the incident was a free fight and the injuries were simple, prima facie negating any intention to cause death.
Summary
The petitioners, Brahamdeo Mandal and Arun Mandal, were named in an FIR for assaulting an informant and her husband with an iron rod during a land‑dispute, allegedly causing serious injuries and alleged intent to cause death under several IPC sections. The petitioners contended that the incident was a "free fight" in which both sides sustained injuries, and that the head injury to the husband was simple, showing no intention to kill. The State opposed bail. The court examined the facts, noting the nature of the fight and the prima‑facie simple injuries, and concluded that there was no clear intention to cause death. Accordingly, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be implemented by the concerned trial court.
Issues considered
- Whether the circumstances of the alleged assault constitute a "free fight" negating the intention to cause death required for denial of bail.
- Whether bail should be granted under Section 438(2) of the Criminal Procedure Code given the nature of the offences and the facts.
- Whether the injuries sustained are sufficient to infer an intention to cause death under the relevant IPC sections.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
- Indian Penal Code — s. 308, 323, 34, 341, 354B, 379, 380, 447, 504
Subjects
- bail
- free fight
- assault
- Indian Penal Code
- Criminal Procedure Code
- intention to cause death
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19043 of 2026
Arising Out of PS. Case No.-228 Year-2020 Thana- SUPAUL District- Supaul
======================================================
1. Brahamdeo Mandal S/o- Rujhan Mandal R/v- Barail Milik W.No-9, Ps-
Supaul Dist- Supaul
2. Arun Mandal @ Arun Kumar S/o- Buchi Mandal R/v- Barail Milik W.No-9,
Ps- Supaul Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar Jha, Adv
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The accused/petitioners are named in the
F.I.R. and apprehending their arrest in connection with
Supaul P.S. Case No. 228 of 2020 registered for the
offences punishable under Sections 447, 341, 323, 504,
354B, 379, 380, 308 and 34 of the IPC.
3. As per FIR, both petitioners along with other
co-accused alleged to assault the informant and her husband
by using iron rod causing head and other bodily injuries,
which alleged to be made with an intention to cause his
death, occurrence alleged to be arising out of land dispute.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.19043 of 2026(2) dt.31-03-2026
2/3
petitioners submitted that occurrene is free fight in nature,
where both parties received injuries and for the said
occurrence petitioner’s side also lodged a case, which has
been registered as Supaul P.S. Case No. 214 of 2020. It can
be safely gathered that petitioners were not under intention
to cause death of husband of informant as occurrence was
free fight in nature and moreover, upon medical examination
both head injuries appears simple in nature prima-facie
negating intention to cause death. While concluding the
argument it is submitted that petitioners are men of clean
antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the aforesaid facts and
circumstances and by taking note of fact as occurrence was
free fight in nature, coupled with the fact as nature of injury
as alleged to be caused by petitioner no. 2 on the head of
husband of informant found simple in nature, prima-facie
negating intention to cause death, accordingly both-above
named petitioners, in the event of their arrest or surrender
before the learned trial court within a period of four weeks,
Patna High Court CR. MISC. No.19043 of 2026(2) dt.31-03-2026
3/3
are 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
C.J.M., Supaul/concerned trial court where the case is
pending in connection with Supaul P.S. Case No. 228 of
2020 subject to the conditions as laid down under Section
438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…