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Patna High Court

Mantu Yadav @ Mantu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to bail as the injuries were simple, the incident was a free fight, and there was no prima facie intention to cause death.

Summary

The petitioners, four members of the Yadav family, were named in an FIR for assaulting several individuals during a dispute, with charges under multiple sections of the Bihar Negotiable Substances Act (BNS). They argued that the injuries inflicted were simple, occurred on non‑vital parts of the body, and resulted from a "free fight" rather than an intention to cause death. The prosecution opposed bail, contending the seriousness of the offences. The court examined the medical reports, the nature of the injuries, and the claim of a mutual scuffle, and relied on the Supreme Court precedent in State of Himachal Pradesh v. Shamsher Singh. Finding no prima facie evidence of intent to cause death and noting the petitioners' clean antecedents, the court granted bail to all four accused, 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 amounts to an intention to cause death under the charged sections.
  • Whether the occurrence can be characterized as a free fight, negating the seriousness required to deny bail.
  • Whether bail should be granted under Section 438 of the Criminal Procedure Code in view of the facts and clean antecedents.

Legislation cited

Subjects

  • bail
  • intention to cause death
  • assault
  • free fight
  • Criminal Procedure Code
  • Bihar Negotiable Substances Act
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33710 of 2026
                    Arising Out of PS. Case No.-95 Year-2026 Thana- MADANPUR District- Aurangabad
                 ======================================================
           1.     Mantu Yadav @ Mantu Kumar S/o Kamlesh Yadav R/o Village- Pataudhi
                  Tola Tendua, Post - Dev, P.s.- Madanpur, District - Aurangabad (Bihar)
           2.    Arvind Yadav S/o Kamlesh Yadav R/o Village- Pataudhi Tola Tendua, Post -
                 Dev, P.s.- Madanpur, District - Aurangabad (Bihar)
           3.    Pintu Yadav @ Pintu Kumar S/o Kamlesh Yadav R/o Village- Pataudhi Tola
                 Tendua, Post - Dev, P.s.- Madanpur, District - Aurangabad (Bihar)
           4.     Kamlesh Yadav S/o Badai Yadav @ Bhadai Yadav R/o Village- Pataudhi
                  Tola Tendua, Post - Dev, P.s.- Madanpur, District - Aurangabad (Bihar)
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailesh Kumar Singh
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026                   Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Madanpur P.S. Case

                   No. 95 of 2026 registered for the offences punishable under

                   Sections 329(4), 126(2), 115(2), 117(2), 109, 303(2), 352 and

                   3(5) of the BNS.

                                3. The allegation against petitioners is to assault

                   informant and other family members during the course of

                   occurrence causing head and other bodily injuries, where injuries

                   were caused with an intention to cause their death. Occurrence

                   alleged to be arise out of pending monetary disputes.
Patna High Court CR. MISC. No.33710 of 2026(2) dt.14-05-2026
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                        4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioner no. 1 namely Mantu

          Yadav specifically alleged to assault Babita Devi. It is pointed out

          that single injury was found upon her head, which upon medical

          examination found simple in nature, therefore, it can be gathered

          safely that he was not under intention to cause death of injured

          Babita Devi. It is further argued that as far allegation against

          petitioner no. 4 Kamlesh Yadav is concerned he alleged to

          specifically assault Sugpanti Devi during the occurrence, the

          injury as alleged to be caused by this petitioner upon injured

          Sugpanti Devi was also single and simple in nature, which also

          negates intention to cause death. It is pointed out that as far

          injury alleged to be caused upon Binda Devi is concerned, it is

          alleged that she was assaulted by Pintu Yadav, Arvind Yadav and

          Mantu Yadav collectively, but in the background of this allegation

          only single injury was found on her leg, which upon medical

          examination found grievous in nature. It is submitted that in-fact

          Binda Devi during the course of scuffling fell down to the ground

          due to which her leg got fractured and taking advantage of said

          accidental injury, petitioners were implicated with present

          allegation.

                        5. It is further argued that occurrence was free fight in
Patna High Court CR. MISC. No.33710 of 2026(2) dt.14-05-2026
                                            3/4




          nature, where petitioner’s side also received injuries, but same

          was not explained by informant while authoring the FIR. It is

          pointed out that for the same set of occurrence petitioner’s side

          also lodged a case, which was registered as Madanpur P.S. Case

          No. 97 of 2026. It is submitted that as occurrence was free fight

          in nature, therefore, it can be safely said the petitioners were not

          under intention to cause death and 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, [2025 SCC OnLine 807]. While concluding

          the arguments, it is submitted that above named petitioners are

          of clean antecedents.

                          6. Learned APP opposes the prayer of bail.

                          7. In view of aforesaid factual and legal submission

          and by taking note of fact as occurrence was free fight in nature,

          where injuries alleged to be caused by petitioners appears simple

          in nature and on the non-vital part of the body, as discussed

          aforesaid, which also appears non-repeated, prima-facie negating

          intention to cause death, accordingly all above-named petitioners,

          who are of clean antecedent, 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.
               Patna High Court CR. MISC. No.33710 of 2026(2) dt.14-05-2026
                                                           4/4




                         10,000/- (Rupees Ten Thousand) each with two sureties of the

                         like amount each to the satisfaction of the learned Principal

                         District and Sessions Judge, Aurangabad/concerned Court, where

                         the case is pending in connection with Madanpur P.S. Case No.

                         95 of 2026, 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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