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Patna High Court

Hemant Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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