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Patna High Court

Wakil Sahani @ Wakil ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the incident was a free‑fight with simple injuries, negating any intention to cause death, and therefore granted anticipatory bail to the petitioners.

Summary

The petitioners – Wakil Sahani, Mukhtar Sahani and Girja Sahani – were named in an FIR for assaulting an informant and others with a rod and a sharp‑edged weapon, allegedly with intent to cause death, under several sections of the Bhartiya Nyay Sanhita, 2023. They applied for anticipatory bail, contending that the incident was a mutual free‑fight in which both sides sustained injuries, and that the injuries to the victims were simple and not to a vital part, thus negating any intention to cause death. The State opposed the bail, relying on the FIR and the seriousness of the offences. The High Court, after considering medical evidence and a Supreme Court precedent (State of Himachal Pradesh v. Shamsher Singh), held that the facts did not establish a prima facie case of intent to cause death and that the “vital part” factor alone was insufficient for a conviction under section 109. Consequently, the Court granted anticipatory bail to the three petitioners, subject to a bail bond of Rs 10,000 and two sureties, and conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the facts constitute a prima facie case of intent to cause death under section 109 of the Bhartiya Nyay Sanhita.
  • Whether anticipatory bail should be granted in view of the nature of the injuries and the claim of a free‑fight.
  • Whether the presence of injury to a ‘vital part’ alone is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • free‑fight
  • intent to cause death
  • assault
  • Bhartiya Nyay Sanhita
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24731 of 2026
                  Arising Out of PS. Case No.-773 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Wakil Sahani @ Wakil Chaudhary S/o Girja Sahani R/o Village - Baban
                  Dhawhi, P.S - Harsidhi, District - East Champaran
           2.    Mukhtar Sahani S/o Girija Sahani R/o Village - Baban Dhawhi, P.S -
                 Harsidhi, District - East Champaran
           3.     Girja Sahani S/o Late Sahdev Sahani R/o Village - Baban Dhawhi, P.S -
                  Harsidhi, District - East Champaran
                                                                            ... ... Petitioners
                                                    Versus
                 The State of Bihar                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr.Renuka Ratanakar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-04-2026               Heard learned counsel for the petitioners and learned

                   APP for the State.

                             2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Harsidhi P.S. Case

                   No. 773 of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 76, 109, 303(2), 117(2), 352, 351, 3(5)

                   of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. The allegation against the petitioners is to assault the

                   informant and other by using rod and sharp edged weapon

                   causing head and bodily injury with intention to cause their

                   death. Occurrence alleged to be taken place due to previous

                   enmity.

                             4. Learned counsel appearing on behalf of the petitioners
Patna High Court CR. MISC. No.24731 of 2026(2) dt.23-04-2026
                                            2/3




          submitted that in fact the occurrence is of free-fight in nature

          where both parties received injuries and in fact petitioners’ side

          received grievous injury for which he was admitted in Patna

          Medical College & Hospital, Patna for better treatment. It is

          submitted that as the occurrence was free-fight in nature,

          therefore, it can be safely said that petitioners were not under

          intention to cause death of informant and others. It is also

          pointed out that a case regarding same occurrence was also

          lodged by petitioners’ side which was registered as Harsidhi P.S.

          Case No. 774 of 2025.

                   5. It is submitted that upon medical examination, the

          nature of injury as received by the informant and others during

          the course of occurrence was found simple in nature, but merely

          as same was found upon vital part i.e. head of the body, the

          anticipatory bail petition of the petitioners was rejected by the

          learned trial court.

                   6. It is submitted that to make out a prima facie case

          under section 109 of the B.N.S., only “vital part” is not required

          to be taken into consideration, rather several other factors are

          required to be taken into consideration like nature of weapon,

          manner of assault, body parts where assault was made, pre and

          post conduct of the accused/petitioners etc. In support of his
            Patna High Court CR. MISC. No.24731 of 2026(2) dt.23-04-2026
                                                        3/3




                      submission, learned counsel relied upon the legal report of

                      Hon’ble Supreme Court as available through State of Himachal

                      Pradesh Vs. Shamsher Singh reported in 2026 SCC OnLine

                      SC 807.

                               7. Learned A.P.P. for the State opposes the prayer for

                      anticipatory bail of the petitioners.

                               8. In view of the aforesaid factual submissions and by

                      taking note of the fact as the occurrence is free-fight in nature

                      where from medical examination the nature of injury as inflicted

                      upon the injured found simple in nature prima facie negating

                      intention to cause death, accordingly, all above-named three

                      petitioners, in the event of their arrest/surrender within a period

                      of four weeks from this order, are directed to be enlarged on bail

                      on furnishing of bail bond of Rs.10,000/- (ten thousand only)

                      each with two sureties of the like amount each to the satisfaction

                      of learned C.J.M., Mothiari, East Champaran/concerned court in

                      connection with Harsidhi P.S. Case No. 773 of 2025, subject to

                      the conditions as laid down under Section 438(2) of the

                      Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita

                      (in short “B.N.S.S.”).


                                                                    (Chandra Shekhar Jha, J)
Rajeev/-
U       T


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