Patna High Court
Mantu Yadav @ Mantu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Substances Act (BNS) — s. 109, 115(2), 117(2), 126(2), 303(2), 329(4), 3(5), 352
- Bihar Negotiable Substances Act (BNSS) — s. 482(2)
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
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
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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
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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
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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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