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Patna High Court

Vipin Mandal @ Shiv Shankar KumarversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
Patna High Court CR. MISC. No.21508 of 2026(4) dt.13-07-2026
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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
Patna High Court CR. MISC. No.21508 of 2026(4) dt.13-07-2026
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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
Patna High Court CR. MISC. No.21508 of 2026(4) dt.13-07-2026
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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
           Patna High Court CR. MISC. No.21508 of 2026(4) dt.13-07-2026
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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/-

U      T


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