Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2), 352 read with 3(5), 76
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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