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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the facts indicated a free fight with simple injuries, negating a prima facie intention to cause death, and therefore granted bail to the petitioner.

Summary

The petitioner, Raushan Kumar, was arrested in connection with a land‑dispute incident where he was alleged to have assaulted an informant and others, causing injuries that were claimed to be inflicted with intent to cause death. The FIR charged him under multiple sections of the Bhartiya Nyaya Sanhita, 2023, including provisions relating to murder, attempt to murder and causing grievous hurt. The petitioner’s counsel argued that the incident was a "free fight" in which both sides sustained injuries, that the wounds were simple and did not demonstrate an intention to cause death, and that the petitioner had also lodged a counter‑case. Relying on the Supreme Court’s reasoning in State of Himachal Pradesh v. Shamsher Singh, the court examined the nature of the weapon, manner of assault and the injuries. Finding that the facts prima facie negated an intention to cause death, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).

Issues considered

  • Whether the petitioner had the requisite intention to cause death under the charged sections of the Bhartiya Nyaya Sanhita.
  • Whether the circumstances of the incident constitute a free fight that negates the intention to cause death.
  • Whether anticipatory bail should be granted in view of the nature of the injuries and the facts.

Legislation cited

Subjects

  • anticipatory bail
  • intention to cause death
  • free fight
  • land dispute
  • Bhartiya Nyaya Sanhita
  • criminal law
  • bail
  • injury assessment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36589 of 2026
                    Arising Out of PS. Case No.-52 Year-2026 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Raushan Kumar, S/o Birendra Prasad @ Birendra Sah @ Manohar Sah,
                 Resident of Village- Kachorwa, P.S.- Adapur, Distt.- Motihari
                                                                                ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   16-06-2026                  Heard learned counsel for the petitioner and

                    learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                    apprehending his arrest in connection with Adapur P.S. Case

                    No.52 of 2026 registered under Sections 115(2), 126(2),

                    118(1), 109, 303(2), 76, 351(2) and 352 read with 3(5) of

                    the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. Allegation against petitioner is to assault the

                    informant and others along with co-accused persons causing

                    head and bodily injuries, which alleged to be made with

                    intention to cause their death, where alleged occurrence is

                    arising out of land dispute.

                                4. It is submitted by learned counsel that in fact
Patna High Court CR. MISC. No.36589 of 2026(2) dt.16-06-2026
                                            2/3




          the occurrence was free fight in nature, where both parties

          received injuries, which took place in the background of land

          dispute and, therefore, it can be safely said that the

          petitioner was not under intention to cause death. It is

          submitted that for the same set of occurrence, the

          petitioner’s side also lodged a case, being Adapur P.S. Case

          No.51 of 2026 against the informant and others. It is

          submitted        that    as     simply     the       injury   upon   medical

          examination found in nature of sharp cut prima facie

          corroborating with weapon like knife as alleged, the prayer

          of anticipatory bail of petitioner was rejected by the learned

          trial court. It is submitted that to gather “intention to cause

          death” several factors are required to be taken into

          consideration like, nature of weapons, manner of assault,

          nature of injury and conduct of the accused persons during

          the occurrence, etc. In support of his submission, learned

          counsel has relied upon legal report of Hon’ble Supreme

          Court as available through State of Himachal Pradesh vs.

          Shamsher Singh [2025 SCC OnLine SC 807]. Arguing

          further, it is submitted that the injuries upon medical
           Patna High Court CR. MISC. No.36589 of 2026(2) dt.16-06-2026
                                                       3/3




                     examination found simple in nature, which further negates

                     the intention to cause death.

                                  5. Learned APP has opposed the prayer of bail.

                                  6. In view of aforesaid factual submissions and by

                     taking note of fact as the occurrence prima facie appears

                     free fight in nature, where injuries as alleged to be caused

                     upon informant found simple in nature negating prima facie

                     intention to cause death, accordingly, the petitioner, above-

                     named, in the event of his arrest or surrender in the court

                     below within a period of four weeks from today, is directed

                     to be released on bail on furnishing bail bond of Rs.10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Judicial Magistrate-1st

                     Class, Motihari in connection with Adapur P.S. Case No.52 of

                     2026, subject to the conditions as laid down under Section

                     438(2) of the Code of Criminal Procedure (in short

                     ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik

                     Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                                (Chandra Shekhar Jha, J.)
    Sanjeet/-
U      T


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