Patna High Court
Manish kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, holding that the facts indicated a free fight, simple injuries, and a compromise, thereby justifying bail under the applicable statutory provisions.
Summary
The petitioners, Manish Kumar, Sunny Kumar and Jawahar Ray, were named in an FIR for alleged assault and related offences under several sections of the Bihar Negotiable Statutes (BNS) arising from a political rivalry during assembly elections. They contended that the incident was a "free fight" in which both sides sustained injuries, and that the injuries were simple, negating any intention to cause death. The petitioners also argued that a compromise petition had been filed and that one of the injured parties, Veena Devi, was allegedly assaulted by a different individual not named in the petition. The State opposed the bail application, citing the seriousness of the charges, including a separate case under Section 498‑A of the IPC. The court, noting the free‑fight characterization, simple nature of injuries, and the existence of a compromise, granted bail to each petitioner upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS.
Issues considered
- Whether the alleged assault constitutes a cognizable offence warranting denial of bail under the cited BNS sections.
- Whether the characterization of the incident as a "free fight" and the presence of a compromise affect the bail decision.
- Whether the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNS permit the grant of bail in this case.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 118(1), 126(2), 191(2), 303(2), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- free fight
- compromise
- assault
- political rivalry
- Criminal Procedure Code
- Bihar Negotiable Statutes
- Section 438 Cr.P.C.
- Section 482 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30640 of 2026
Arising Out of PS. Case No.-725 Year-2025 Thana- GORAUL District- Vaishali
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1. Manish kumar S/o Jawahar Ray @ Javahar Ray R/o Village Hasanpur
Gargati, P.S.- Kathara (Goraul), District- Vaishali
2. Sunny Kumar S/o Jawahar Ray @ Javahar Ray R/o Village Hasanpur
Gargati, P.S.- Kathara (Goraul), District- Vaishali
3. Jawahar Ray @ Javahar Ray S/o Charitra Ray R/o Village Hasanpur Gargati,
P.S.- Kathara (Goraul), District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mritunjay Kumar
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Goraul P.S.
Case No. 725 of 2025 registered for the offences punishable
under Sections 191(2), 115(2), 126(2), 118(1), 109,
303(2), 351(2) and 352 of the BNS.
3. As per FIR, petitioners alleged to assault
informant and others by using lathi, iron rod etc., causing
head and bodily injuries, where alleged injury was caused
with an intention to cause death of injured/informant.
Occurrence alleged to be taken place due to political rivalry
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on account of assembly elections.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that occurrence was free fight in
nature, where both parties received injuries and for the same
set of occurrence petitioner’s side also lodged case, which
has been registered as Goraul P.S. Case No. 726 of 2025. It
is submitted that injury as alleged to be caused by the
petitioners upon medical examination found simple in nature
which, further negates intention to cause death of the
injured except one of the injured namely Veena Devi, whose
injury was kept reserved, who was specifically alleged to be
assaulted by Amar Ray, who is not the petitioner for the
present. While concluding arguments, it is submitted that
matter now appears compromised, where compromise
petition is the part of FIR, itself. Petitioners found involved
in one more case of different nature (Section 498-A of the
IPC), where they are on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as occurrence appears free fight in
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nature, where injuries upon medical examination found
simple in nature and moreover matter appears compromised
between the parties, accordingly all above-named
petitioners, in the event of their arrest or surrender before
the court below within a period of four weeks, 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 ACJM 1 st
Class, Vaishali at Hajipur/concerned Court, where the case is
pending in connection with Goraul P.S. Case No. 725 of
2025, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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