Patna High Court
Hadis Ansari @ Hadis MianversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the incident appeared to be a free fight with no intention to cause death, and therefore granted bail to the petitioner.
Summary
Hadis Ansari was named in an FIR for assaulting an informant and family members with an iron rod during a land dispute, allegedly intending to cause death. The petitioner argued that the incident was a mutual free fight, with both sides sustaining injuries that were medically deemed simple, and that there was no intention to cause death. The prosecution opposed bail, citing multiple sections of the Bihar Negotiable Special Statutes. The court examined the nature of the injuries, the circumstances of the fight, and relevant legal standards for establishing intent under Section 109(1). Concluding that the facts suggested a free fight and lack of intent to kill, the court granted bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner had the requisite intention to cause death under Section 109(1) of the BNSS.
- Whether the facts constitute a prima facie case for the offences charged under Sections 126(2), 115(2), 118(1), 109(1), 352 and 351(2)(5) of the BNSS.
- Whether bail should be granted in view of the nature of the alleged offences and the circumstances of the incident.
Legislation cited
- Bihar Negotiable Special Statutes — s. 109(1), 115(2), 118(1), 126(2), 351(2)(5), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- assault
- intention to cause death
- free fight
- land dispute
- Criminal Procedure Code
- Bihar Negotiable Special Statutes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36516 of 2026
Arising Out of PS. Case No.-176 Year-2026 Thana- KATEYA District- Gopalganj
======================================================
Hadis Ansari @ Hadis Mian S/o Late Naubat Miyan Resident of Village -
Batal Chauraha, PS - Kateya, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Kateya P.S. Case No.
176 of 2026 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 352 and 351(2)(5) of
the BNS.
3. The allegation against petitioner is to assault
informant and other family members by using iron rod etc.,
causing head and bodily injuries having intention to cause their
death, where alleged occurrence took place in the background of
land dispute.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that present occurrence appears free fight
in nature, where both parties received injuries, therefore, it
Patna High Court CR. MISC. No.36516 of 2026(2) dt.15-06-2026
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cannot be said that petitioner was under intention to cause death
of the injured informant and other injured persons. It is also
submitted that petitioner’s side also received head and other
bodily injuries for which a police case has also been registered as
Kateya P.S. Case No. 179 of 2026. Explaining injury, as alleged
to be caused during occurrence upon medical examination found
simple in nature and, therefore, merely on the ground as same
was caused on vital part i.e., head it cannot be said that
petitioner was under intention to cause death. It is submitted that
there are several factors required to make out a prima-facie case
under Section 109(1) of the BNSS like, nature of weapons,
manner of assault, pre and post conduct of accused during the
occurrence etc. 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 arguments,
it is submitted that above named petitioner is a man of clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as occurrence prima-facie appears free
fight in nature, where both parties received injuries coupled with
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fact that nature of injuries upon medical examination appears
simple in nature, accordingly petitioner above-named, in the
event of his arrest or surrender before the court below within a
period of four weeks, 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
ACJM VI, Gopalganj/concerned Court, where the case is pending
in connection with Kateya P.S. Case No. 176 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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