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Patna High Court

Amit Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the incident appears to be a mutual free fight with simple injuries and no proven intention to cause death, bail is warranted under Section 482(2) of the BNSS.

Summary

Amit Kumar Singh was arrested in connection with a case registered under Sections 126(2), 115(2), 109(1), 352, 351(2), 303(2) and 3(5) of the Bhartiya Nayay Sanhita, 2023 for allegedly assaulting an informant and others. The petitioner contended that the incident was a mutual "free fight" and that the injuries were simple, thereby negating any intention to cause death. The State opposed the bail application. The Court examined the medical report, the nature of the injuries, and the fact that a counter‑case had also been lodged by the petitioner, concluding that the allegations of intent to cause death were not substantiated. Relying on Section 482(2) of the BNSS, the Court held that bail could be granted. Consequently, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under Sections 126(2), 115(2), 109(1), 352, 351(2), 303(2) and 3(5) of the BNSS.
  • Whether the facts indicate an intention to cause death, justifying denial of bail.
  • Applicability of Section 482(2) of the BNSS in granting bail in this circumstance.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • free fight
  • intention to cause death
  • Section 482
  • BNSS
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27058 of 2026
                       Arising Out of PS. Case No.-17 Year-2026 Thana- MANIHARI District- Katihar
                 ======================================================
                 Amit Kumar Singh S/O Pandav Kumar Singh @ Pandav Singh Resident of
                 Village- Navabganj, P.S- Manihari, Distt.- Katihar.
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar Mandal, Advocate
                 For the Opposite Party/s :        Mr.Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   27-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing

                   on behalf of the State.

                                2. The accused/petitioner apprehending his arrest

                   in connection with Manihari P.S. Case No.                         17 of 2026

                   registered for the offences punishable under Sections

                   126(2), 115(2), 109(1), 352, 351(2), 303(2), 3(5) of

                   Bhartiya Nayay Sanhita 2023.

                                3. As per FIR, petitioner alleged to assault

                   informant and others alongwith co-accused persons, causing

                   head and bodily injuries, where occurrence alleged to be

                   taken place arising out of previous enmities.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the occurrence in issue is free
Patna High Court CR. MISC. No.27058 of 2026(2) dt.27-04-2026
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          fight in nature, where both parties received injuries. It is

          pointed out that as occurrence was free fight, it can be

          safely said that petitioner was not under intention to cause

          death, as alleged. The allegation of assault is appearing very

          much general and omnibus in nature. It is submitted that

          upon medical examination, the nature of injury as found

          upon injured was simple in nature, which further negate the

          intention to cause death. While concluding argument, it is

          submitted that petitioner found involved in two more criminal

          cases, where he is on bail.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as prima facie occurrence is free fight in

          nature, for which the counter case was also lodged by

          petitioner’s side, coupled with the fact that injuries as

          sustained by the informant during the occurrence upon

          medical examination found simple, prima facie negating

          intention to cause death, as alleged, accordingly, above

          named petitioner, in the event of his arrest or surrender

          before the learned trial Court, within a period of four weeks
              Patna High Court CR. MISC. No.27058 of 2026(2) dt.27-04-2026
                                                          3/3




                        of the order, is directed to be released on bail furnishing bail

                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of the

                        learned Chief Judicial Magistrate, Katihar/concerned Court,

                        where the case is pending in connection with Manihari P.S.

                        Case No. 17 of 2026 subject to the conditions as laid down

                        under Section 482(2) of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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