Patna High Court
Vipin Mandal @ Shiv Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to petitioner 1 but denied anticipatory bail to petitioner 2, holding that the allegations against petitioner 2 disclose an intention to cause death under Section 109 of the BNS.
Summary
The petitioners, Vipin Mandal and Vishun Mandal, were charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023, including Section 109 for alleged assault with intent to cause death. They contended that the incident was a "free fight" with no intention to kill, citing simple and grievous injuries but arguing lack of intent, clean antecedents, and a criminal background of the informant. The State argued that the use of a dangerous weapon (khanti) on the head causing grievous injury demonstrated intent to cause death, justifying denial of bail. The court, after considering the facts and legal standards, granted bail to petitioner 1 (Vipin Mandal) upon bond and sureties, but rejected anticipatory bail for petitioner 2 (Vishun Mandal) due to the specific allegation of grievous head injury indicating intent. The order was made under Section 482(2) of the BNS.
Issues considered
- Whether the alleged assault amounts to an offence under Section 109 of the Bhartiya Nyaya Sanhita, 2023 requiring intention to cause death.
- Whether the petitioners are entitled to bail or anticipatory bail given the nature of the weapon, injury, and alleged intent.
- Whether the characterization of the incident as a "free fight" negates the requisite intention for Section 109.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 351(2), 352, 482(2), 74
Subjects
- bail
- anticipatory bail
- assault
- intention to cause death
- Section 109
- Bhartiya Nyaya Sanhita
- free fight
- grievous injury
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21508 of 2026
Arising Out of PS. Case No.-409 Year-2025 Thana- PIPRA District- Supaul
======================================================
1. Vipin Mandal @ Shiv Shankar Kumar S/o- Sri Vishun Mandal @ Vishundev
Mandal Resident of Village- Lalmaniya, Ward No-6, P.S- Pipra, District-
Supual.
2. Vishun Mandal @ Vishundev Mandal S/o- Late Kaleshwar Mandal Resident
of Village- Lalmaniya, Ward No-6, P.S- Pipra, District- Supual.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Shankaram, Adv.
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 13-07-2026 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 Pipra P.S.
Case No.409 of 2025 registered under Sections 191(2),
126(2), 118(1), 115(2), 303(2), 74, 109, 352, 351(2) of
Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, petitioners alleged to assault
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informant during the course of occurrence causing head
and bodily injury where alleged assault was made with the
intention to cause death. It is alleged that the petitioner
no.1 assaulted by using knife whereas the petitioner no. 2
assaulted informant by using Khanti.
4. It is submitted by learned counsel appearing
for the petitioners that occurrence was free fight in nature,
where both sides received injury and for the same set of
occurrence, petitioners’ side also lodged the case, which
was registered as Pipra P.S. Case No. 411 of 2025. It is
submitted that as occurrence was free fight in nature, it
can be safely said that petitioners were not under intention
to cause death. It is submitted that petitioner no. 1 was
alleged to assault on hand of the informant by knife,
where the nature of injury found simple in nature. In this
context, it is further submitted that petitioner no. 2 was
alleged to assault informant by using Khanti on his head,
which upon medical examination though found grievous in
nature but it did not appears repeated in want of any
intervening circumstances and, therefore, merely on this
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score alone it cannot be said that petitioner no. 2 was
under intention to cause death of the informant. In
support of his submission learned counsel submitted that
several factors are required to be taken into consideration
to make out a case for offence under Section 109 of the
BNS like nature of injury, nature of weapons, manner of
assault, the body part where assault was made, the
conduct of accused person during course of occurrence etc.
In support of his submission, learned counsel relied upon
the legal report of Hon’ble Supreme Court in the State of
Himachal Pradesh Vs. Shamsher Singh [2025 SCC
OnLine SC 807]. Both petitioners claimed clean
antecedent.
5. While concluding the argument, it is also
submitted that informant himself is a man of criminal
antecedent and for pending land dispute, for which a Title
Suit is pending between the parties, present criminal case
was lodged without any occasion.
6. Learned APP while opposing the prayer of bail
submitted that nature of weapon, which is a “Khanti”, and
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a dangerous weapon, the body part where alleged assault
was made is “head” and the nature of injury, which upon
medical examination found “grievous” in nature,
collectively constitute the intention of petitioner no. 2
during the course of occurrence as to cause death of the
informant and as such sufficient to bring the allegation
within the meaning of Section 109 of the BNS.
7. In view of aforesaid factual submissions and
by taking note of fact, considering the nature of injury as
alleged to be caused by petitioner no. 1, namely, Vipin
Mandal @ Shiv Shankar Kumar, he is directed to be
released on bail, in the event of his arrest or surrender in
the court below within a period of four weeks, on
furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class,
Pipra, in connection with Pipra P.S. Case No.409 of 2025
subject to the conditions as laid down under Section
482(2) of the BNSS.
8. In view of specific allegation as to cause
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grievous head injury during the course of occurrence the
prayer of anticipatory bail of petitioner, no.2, namely,
Vishun Mandal @ Vishundev Mandal stands rejected.
(Chandra Shekhar Jha, J.)
Aniket/-
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