Patna High Court
Mithilesh Kumar @ Mithilesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nayay Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 352, 482(2)
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),
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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
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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
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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,
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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/-
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