Patna High Court
Ram Parvesh Singh @ Ram Pravesh Singh @ Ram Prabesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the incident prima facie appears to be a free fight with no intention to cause death, and therefore granted bail to the petitioners.
Summary
The petitioners, ten members of the Singh family, were arrested in connection with Tajpur Police Station Case No. 148 of 2025 for alleged assault on an informant and her family, charged under multiple sections of the Bhartiya Nayay Sanhita. They contended that the incident was a "free fight" arising from a trivial dispute over a cable wire, with injuries on both sides being simple and not indicative of an intention to cause death. The prosecution opposed bail, emphasizing the seriousness of the charges. The court examined the medical reports, noting that the injuries were indeed simple and that the petitioners themselves had also sustained injuries. Relying on the principle that a prima facie free fight negates the presumption of intent to kill, the court granted bail to all petitioners, subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the facts of the case constitute a free fight, thereby negating the presumption of intent to cause death under the charged sections.
- Whether bail should be granted to the accused despite the serious nature of the charges.
Legislation cited
- Bhartiya Nayay Sanhita — s. 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 351(2), 352, 74
Subjects
- bail
- free fight
- assault
- intent to cause death
- criminal procedure
- Bhartiya Nayay Sanhita
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29978 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- TAJPUR District- Samastipur
======================================================
1. Ram Parvesh Singh @ Ram Pravesh Singh @ Ram Prabesh Singh S/O
Jageshwar Singh Resident of Village- Harpur Bhind, P.S- Tajpur, Dist.-
Samastipur.
2. Kundan Kumar S/O Ram Parvesh Singh @ Ram Pravesh Singh @ Ram
Prabesh Singh Resident of Village- Harpur Bhind, P.S- Tajpur, Dist.-
Samastipur.
3. Ajad Kuar S/O Ram Parvesh Singh @ Ram Pravesh Singh @ Ram Prabesh
Singh Resident of Village- Harpur Bhind, P.S- Tajpur, Dist.- Samastipur.
4. Ankita Kumari D/O Ram Pravesh Singh @ Ram Pravesh Singh @ Ram
Prabesh Singh Resident of Village- Harpur Bhind, P.S- Tajpur, Dist.-
Samastipur.
5. Sunita Devi W/O Ram Parvesh Singh @ Ram Pravesh Singh @ Ram
Prabesh Singh Resident of Village- Harpur Bhind, P.S- Tajpur, Dist.-
Samastipur.
6. Ram Partap Singh S/O Jank Singh Resident of Village- Harpur Bhind, P.S-
Tajpur, Dist.- Samastipur.
7. Shanti Devi W/O Ram Partap Singh Resident of Village- Harpur Bhind, P.S-
Tajpur, Dist.- Samastipur.
8. Jyoti Kumari W/O Pankaj Singh Resident of Village- Harpur Bhind, P.S-
Tajpur, Dist.- Samastipur.
9. Nanki @ Parmeshwar Singh @ Mahesh Singh S/O Jageshwar Singh
Resident of Village- Harpur Bhind, P.S- Tajpur, Dist.- Samastipur.
10. Ram Ratan Singh S/O Jageshwar Singh Resident of Village- Harpur Bhind,
P.S- Tajpur, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shambhu Sn Singh, Advocate
For the Opposite Party/s : Mr.Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel appearing on behalf of the
petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
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2. The accused/petitioners apprehending their
arrest in connection with Tajpur P.S. Case No. 148 of 2025
registered for the offences punishable under Sections 190,
191(2),126(2),115(2),117(2),118(1),74,303(2),351(2) and
352 of Bhartiya Nayay Sanhita.
3. As per FIR, all petitioners alleged to assault
informant and her family members by using lathi, iron rod
etc., causing head and bodily injuries. The aforesaid injuries
alleged to be caused with intention to cause the death of
injured. Occurrence alleged to be taken place due to trivial
neighbourhood disputes and differences.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that the present occurrence is
basically free fight in nature, where both parties received
injuries. It is submitted that the occurrence took place due to
trivial issues regarding crossing of cable wire. It is submitted
that for the same set of occurrence, the petitioners’s side
also lodged a case, which was registered as Tajpur P.S. Case
No. 153/25.
5. Arguing further while explaining the injuries, it is
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pointed out that the injury of injured Ravi Kishan and
Sharwan Kumar, upon medical examination found simple in
nature. It is also pointed out that injury of injured/informant,
namely, Renu Devi upon medical examination further found
simple in nature. There was no visible external injury upon
Banarsi Devi and injury of Raj Kamal Singh and Shankar
Singh were also found simple in nature. Explaining the injury
of Sushila Devi, it is submitted that only tenderness was
found present upon her leg and there was no bony injury. It
is submitted that the petitioners’s side also received grievous
injuries and their treatment was continued upto Patna
Medical College and Hospital, considering the seriousness.
6. Arguing further, it is submitted that from the
nature of injuries and manner of occurrence, it can be safely
said that the petitioners were not under intention to cause
death of the injured. In support of his submission, learned
counsel relied upon the legal report of Hon’ble Supreme
Court as available through State of Himachal Pradesh Vs.
Shamsher Singh, reported as 2025 SCC OnLine SC 807.
7. Learned APP opposed the prayer of bail.
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8. In view of aforesaid factual submissions and by
taking note of fact as alleged occurrence prima facie appears
free fight in nature, where injuries as alleged to be caused
by petitioners upon medical examination found simple in
nature, negating prima facie intention to cause death,
accordingly, all above named ten 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) each with two sureties of the like
amount each to the satisfaction of the learned A.C.J.M. I,
Samastipur/concerned Court, where the case is pending in
connection with Tajpur P.S. Case No. 148 of 2025 subject
to the conditions as laid down under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J)
veena/-
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