Patna High Court
Hemant Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie evidence of intent to cause death warranted rejection of the anticipatory bail petition.
Summary
Hemant Kumar Ram was arrested in connection with a Gopalganj Town assault case (PS Case No. 699/2025) alleged under multiple sections of the Bhartiya Nyay Sanhita, 2023, including offences akin to attempted murder. The petitioner claimed the incident was a mutual free‑fight, with both parties sustaining injuries, and even filed a separate case (Case No. 700/2025) on the same facts. He sought anticipatory bail, arguing lack of intention to cause death, and relied on a Supreme Court precedent (State of Himachal Pradesh v. Shamsher Singh, 2025 SCC OnLine SC 807). The State opposed, highlighting grievous head injury to the informant’s father caused with a deadly weapon (farsa), asserting prima facie intention to cause death. The court examined the factual allegations and concluded that the evidence suggested intent to cause death, thereby rejecting the anticipatory bail petition. It directed that if the petitioner surrenders, the trial court may consider bail on merits.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of assault with intent to cause death under the Bhartiya Nyay Sanhita.
- Whether the facts constitute prima facie intention to cause death under section 109 of the B.N.S. (equivalent to IPC section 307).
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 191(2), 3(5), 351(2), 352, 74
- Indian Penal Code — s. 307
Subjects
- anticipatory bail
- assault
- intention to cause death
- grievous injury
- free fight
- Bhartiya Nyay Sanhita
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27226 of 2026
Arising Out of PS. Case No.-699 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Hemant Kumar Ram Son of Nandlal Ram Resident of Village - Kakarkund,
P.S. - Gopalganj Town, District - Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Mithilesh Kr.Upadhyay, Advocate
Ms.Tetara Kumari. Advocate
Mr.Raju Prasad, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Gopalganj Town P.S.
Case No. 699 of 2025 registered for the offences punishable
under Sections 191(2), 126(2), 115(2), 74, 118(1), 117(2), 352,
109, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,
the ‘B.N.S.’).
3. The allegation against the petitioner is to assault the
informant and others along with other co-accused persons
causing head and bodily injury, where alleged assault was said
to be made by using Farsa, iron rod etc. It is alleged that assault
was made with intention to cause death of the informant.
Patna High Court CR. MISC. No.27226 of 2026(2) dt.29-04-2026
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4. Learned counsel appearing on behalf of the petitioner
submitted that occurrence was free-fight in nature where both
parties received injuries and for the same set of occurrence
petitioner has also lodged a case which was registered as
Gopalganj P.S. Case No. 700/2025.
5. It is submitted that occurrence was free-fight in
nature, therefore, it can be safely said that petitioner was not
under intention to cause death as several other factors are
required to be taken into consideration to make out a case for
the offence punishable under section 109 of the B.N.S.
corresponding to section 307 of the I.P.C.
6. In this context, learned counsel relied upon the legal
report of Hon’ble Supreme Court as available through State of
Himachal Pradesh Vs. Shamsher Singh reported in 2025 SCC
OnLine SC 807.
7. While concluding argument, learned counsel
submitted that prayer of anticipatory bail of accused Ramita
Kumari, Sona Devi and Seema Kumari was allowed by one of
the learned coordinate Bench of this Court through Cr. Misc.
No. 23611 of 2026 dated 16.04.2026.
8. Explaining criminal antecedent, it is submitted that
petitioner found involved in one more criminal case, where he is
Patna High Court CR. MISC. No.27226 of 2026(2) dt.29-04-2026
3/3
on bail.
9. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioner, submitted that there
is specific allegation against the petitioner to cause head injury
to the father of the informant namely, Sheo Deo Ram, which
upon medical examination found grievous in nature, as it
appears from the impugned order itself. It is submitted that
aforesaid assault was made on vital part that too with deadly
weapon like Farsa. All such things are sufficient to constitute
prima facie intention to case death on the part of the petitioner.
10. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie petitioner specifically
alleged to cause grievous head injuries to the father of the
informant by using farsa, accordingly, prayer of anticipatory
bail of the petitioner stands rejected.
11. If the petitioner surrenders before learned trial
court/concerned court, learned trial court may consider the
prayer of bail of the petitioner, as per available merit, in
accordance with law.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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