Patna High Court
Wakil Sahani @ Wakil ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351, 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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/-
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