Patna High Court
Bina Devi @ Vina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the incident was prima facie a free fight with no intention to cause death, and therefore bail was warranted.
Summary
The petitioners Bina Devi, Suraj Paswan and Bappy Paswan were arrested in connection with a case of assault alleged under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bhartiya Nayay Sanhita. They contended that the incident was a "free fight" in which both sides sustained injuries and that there was no intention to cause death, as the injuries to the informant were medically described as simple. The Additional Public Prosecutor opposed bail but did not dispute the factual submissions or the medical report. The Court, after noting the prima facie nature of a free fight and the lack of serious injury, held that bail was appropriate. Accordingly, the petitioners were ordered to be released on bail of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.
Issues considered
- Whether the alleged assault constitutes an offence with intention to cause death under the cited sections of the BNSS.
- Whether the circumstances amount to a "free fight" negating the element of intent required for the offences.
- Whether bail should be granted in view of the nature of the injuries and the facts of the case.
Subjects
- bail
- free fight doctrine
- assault
- intention to cause death
- criminal procedure
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 27388 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- KAJRAILI District- Bhagalpur
======================================================
1. Bina Devi @ Vina Devi W/o Shivnarayan Paswan, R/o Village -
Gaurachowki, P.S - Kajraili, District – Bhagalpur.
2. Suraj Paswan @ Suraj Kumar S/o Shivnarayan Paswan R/o Village -
Gaurachowki, P.S - Kajraili, District – Bhagalpur.
3. Bappy Paswan @ Pappy Paswan S/o Shivnarayan Paswan R/o Village -
Gaurachowki, P.S - Kajraili, District – Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
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 Kajraili P.S. Case No. 02 of 2026
registered for the offences punishable under Sections
126(2), 115(2), 109, 303(2), 352, 351(2), 3(5) of Bhartiya
Nayay Sanhita.
3. As per FIR, petitioners assaulted informant and
others by using iron rod, lathi etc., causing head and bodily
injuries, where alleged assault was made with intention to
cause death of the informant and others. Occurrence alleged
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to be arising out of previous enmities.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that occurrence is free fight in
nature, where both parties received injuries. It is submitted
that as occurrence is free fight in nature, it can be safely
said that the petitioners were not under intention to cause
death of the informant/injured person. It is submitted that
the informant failed to explain the correct version of the
occurrence without explaining the injury of the petitioner’s
side while authoring the FIR. It is submitted that the injury
of injured, namely, Tatveer Kumar upon medical examination
found simple in nature, which further negates intention to
cause death.
5. Learned APP opposed the prayer of bail but
could not disputed the aforesaid factual submission and
injury report.
6. In view of aforesaid factual submissions and by
taking note of fact as occurrence is prima facie free fight in
nature, where both parties received injuries, coupled with the
fact that injury as alleged to cause to the informant by
Patna High Court CR. MISC. No. 27388 of 2026(2) dt.29-04-2026
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petitioner upon medical examination found simple in nature,
accordingly, all above named petitioners, in the event of
their arrest or surrender before the learned trial Court,
within a period of four weeks 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 J.M. 1 st Class,
Bhagalpur/concerned Court, where the case is pending in
connection with Kajraili P.S. Case No. 02 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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