Patna High Court
Amit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
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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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