Created by Fuzzy Cloud

Patna High Court

Mithilesh Kumar @ Mithilesh Kumar YadavversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was denied to petitioner 1, while bail was granted to petitioners 2‑7.

Summary

The petitioners, seven Yadavs, were arrested in connection with Baheri P.S. Case No. 547 of 2025 for alleged assault with a sword, iron rod and lathi during a land‑dispute, alleged to be with intent to cause death under various sections of the Bhartiya Nayay Sanhita, 2023. They contended that the incident was a "free fight" in which both sides sustained injuries, and that the injuries were simple or on non‑vital parts, negating any intention to kill. The State argued that the nature of the injuries, especially the multiple head cuts inflicted by petitioner 1 with a sword, indicated an intention to cause death, justifying denial of anticipatory bail. The Court held that while petitioners 2 to 7 could be released on bail with a bond of Rs 10,000 each, anticipatory bail for petitioner 1 was rejected because injury nature is not the sole test for an offence under Section 109 BNSS. The order was made subject to Section 482(2) of the BNSS and the case remains pending.

Issues considered

  • Whether the alleged injuries and circumstances warrant denial of anticipatory bail under Section 109 of the Bhartiya Nayay Sanhita, 2023.
  • Whether the incident qualifies as a "free fight" that would justify granting bail to the accused.
  • Whether the nature of injury (simple vs grievous) is determinative of the intention to cause death.
  • Whether petitioners 2 to 7 are entitled to bail under the circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • assault
  • intention to cause death
  • free fight
  • land dispute
  • BNSS
  • Section 109
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27154 of 2026
                      Arising Out of PS. Case No.-547 Year-2025 Thana- BAHERI District- Darbhanga
                 ======================================================
           1.     Mithilesh Kumar @ Mithilesh Kumar Yadav S/o Jai Narayan Yadav
                  Resident of Village - Chakla, P.S. - Baheri, District - Darbhanga.
           2.    Jai Narayan Yadav S/o Ram Narayan Yadav Resident of Village - Chakla,
                 P.S. - Baheri, District - Darbhanga.
           3.    Tej Narayan Yadav S/o Ram Chandar Yadav Resident of Village - Chakla,
                 P.S. - Baheri, District - Darbhanga.
           4.    Babu Saheb Yadav @ Hakim S/o Ram Chandar Yadav Resident of Village -
                 Chakla, P.S. - Baheri, District - Darbhanga.
           5.    Bablu Yadav @ Bablu Kumar Yadav S/o Hukumdev Yadav Resident of
                 Village - Chakla, P.S. - Baheri, District - Darbhanga.
           6.    Ram Vijay Yadav S/o Ram Avtar Yadav Resident of Village - Chakla, P.S. -
                 Baheri, District - Darbhanga.
           7.     Agnidev Yadav S/o Ram Sharan Yadav Resident of Village - Chakla, P.S. -
                  Baheri, District - Darbhanga.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar.                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :      Mr.Ranjit Kumar Yadav, Advocate
                                                     Mr. Ugresh Kumar, Advocate
                 For the Opposite Party/s :          Mr.Kumar Veerendra Narayan, APP
                 For the Informant        :          Ms. Madhumala Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioners          and       learned   Additional      Public     Prosecutor

                   appearing on behalf of the State.

                                 2. The accused/petitioners apprehending their

                   arrest in connection with Baheri P.S. Case No. 547 of 2025

                   registered for the offences punishable under Sections

                   191(2), 190, 126(2), 115(2), 117(2), 118(1), 109(1),
Patna High Court CR. MISC. No.27154 of 2026(2) dt.29-04-2026
                                            2/5




          329(4), 303(2), 351(2), 352                  of Bhartiya Nayay Sanhita

          2023.

                       3. As per FIR, petitioners alleged to assault

          informant and others during the course of occurrence by

          means of a sword, iron rod, lathi etc., causing head and

          bodily injuries, where alleged assault was made with

          intention to cause death. The occurrence took place due to

          land disputes.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that occurrence is free fight in

          nature, for which earlier case i.e. Baheri P.S. Case No.

          546/2025 was lodged by petitioners’s side. It is submitted

          that occurrence was free fight in nature arising out of land

          dispute, where both parties received injuries. It is pointed

          out that petitioners’s side also received grievous injuries

          during the occurrence. It is further pointed out that the

          injury as alleged to cause by petitioner no. 1 to the

          informant upon medical examination found simple in nature,

          negating intention to cause death, whereas the injuries which

          alleged to be caused by petitioner no. 2, Jai Narayan Yadav
Patna High Court CR. MISC. No.27154 of 2026(2) dt.29-04-2026
                                            3/5




          and petitioner no. 4 Babu Saheb Yadav @ Hakim appears on

          non-vital parts i.e. fracture of proximal phalanx of 2nd 3rd

          finger of right hand, and, therefore, same are on non-vital

          part of the body, further negating intention to cause death.

          It is further submitted that the allegation against rest of the

          petitioners is very much general and omnibus in nature,

          rather they are appearing only part of the mob without

          specifying any overt act.

                       5. Explaining criminal antecedent, it is submitted

          that the petitioner nos. 3 to 7 are of clean antecedent,

          whereas petitioner nos. 1 and 2 was made accused in Baheri

          P.S. Case No. 06/2007 for the offence punishable under

          Section 304(B)/34 of the IPC, where they were discharged

          by Adhoc Additional Sessions Judge, Darbhanga in S.Tr. No.

          377/2015 vide order dated 23.10.2013 and, therefore, as of

          now they are also of clean antecedent.

                       6. Learned APP, duly assisted by learned counsel

          Ms. Madhubala Kumari, appearing on behalf of the

          informant, while opposing the prayer of bail submitted that

          the nature of injury is not the only criteria to gather
Patna High Court CR. MISC. No.27154 of 2026(2) dt.29-04-2026
                                             4/5




          intention. It is submitted that the petitioner no. 1 was

          specifically alleged to equipped with sword and injury report

          suggest that the injured received five sharp cut injuries,

          which suggest that the informant was repeatedly assaulted

          by petitioner no. 1 using sword, which only prima facie

          suggest his intention to cause death, where the assault as

          alleged to be caused by petitioner nos. 2 and 4 upon medical

          examination found grievous injuries.

                       7. At this stage, it is submitted by learned counsel

          appearing for the petitioners that petitioner no. 2, Jai

          Narayan Yadav also received grievous injuries during the

          occurrence, which could not disputed by learned counsel

          appearing for the informant.

                       8. In view of aforesaid factual submissions and by

          taking note of the nature of injury as alleged to caused by

          petitioners and further as the occurrence is free fight in

          nature, the petitioner nos. 2 to 7 are directed to be released

          on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) each with two sureties of the like amount each to

          the       satisfaction        of         the     learned   A.C.J.M.-VII,
              Patna High Court CR. MISC. No.27154 of 2026(2) dt.29-04-2026
                                                          5/5




                        Darbhanga/concerned Court, where the case is pending in

                        connection with Baheri P.S. Case No. 547 of 2025 subject

                        to the conditions as laid down under Section 482(2) of the

                        BNSS, whereas the prayer of anticipatory bail of the

                        petitioner no. 1, namely, Mithilesh Yadav @ Mithilesh Kumar

                        Yadav, in view of the repeated five times assault on the

                        head, which stands fully corroborated by the statement of

                        the informant, and notwithstanding the fact that the injuries

                        were found simple in nature upon medical examination, the

                        prayer for anticipatory bail of the petitioner no. 1 stands

                        rejected, as the nature of injury-whether simple or grievous

                        is not the sole criteria for making out an offence under

                        Section 109 of the BNS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.