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Patna High Court

Hadis Ansari @ Hadis MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
               Patna High Court CR. MISC. No.36516 of 2026(2) dt.15-06-2026
                                                           3/3




                         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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