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Patna High Court

Vijay Sah @ Vijay Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the characterization of the incident as a free fight and the absence of specific allegations of physical assault against the petitioners, bail should be granted.

Summary

The petitioners, Vijay Sah and his wife Rani Sah, were named in an FIR (Haraiya P.S. Case No. 157 of 2025) for alleged assault with a sword and lathi causing bodily injuries with alleged intent to cause death, under Sections 115, 118(1), 109, 126(2) and 3(5) of the Bihar Negotiable Sale Act. They contended that the incident was a "free fight" in which both parties sustained injuries and that there was no specific allegation of physical assault against them, only against co‑accused. The State opposed bail, but the court noted the lack of direct charges against the petitioners and the nature of the altercation. Consequently, the court ordered that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties, subject to the conditions of Section 482(2) of the Bihar Negotiable Sale Act. The bail order was directed to be implemented by the Sub‑Divisional Judicial Magistrate, Raxaul.

Issues considered

  • Whether the petitioners can be held liable for the offences alleged in the FIR under Sections 115, 118(1), 109, 126(2) and 3(5) of the Bihar Negotiable Sale Act.
  • Whether the nature of the incident as a "free fight" negates the requisite intention to cause death for the said offences.
  • Whether bail should be granted to the petitioners pending trial.

Legislation cited

Subjects

  • bail
  • free fight
  • assault
  • intention to cause death
  • Bihar Negotiable Sale Act
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36661 of 2026
                    Arising Out of PS. Case No.-157 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
           1.     Vijay Sah @ Vijay Kumar Sah S/O Rajbanshi Sah R/O Village- Nepali
                  station, Tumariya Tola, Ward no 5, PS Haraiya, Dist- East Champaran
           2.     Rani Sah @ Baby Devi W/O VIjay Sah R/O Village- Nepali station,
                  Tumariya Tola, Ward no 5, PS Haraiya, Dist- East Champaran
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shamir Mehra, Adv.
                 For the Opposite Party/s :        Mr. Arun Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   16-06-2026                    Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Haraiya P.S.

                   Case No. 157 of 2025 registered for the offences

                   punishable under Sections 115, 118(1), 109, 126(2),

                   3(5) of BNS.

                                3. The allegation against petitioners is to

                   assault informant and others by using sword, lathi etc.

                   causing head and bodily injuries having intention to

                   cause their death, where occurrence arising out of

                   previous enmities.

                                4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.36661 of 2026(2) dt.16-06-2026
                                            2/3




          on behalf of the petitioners that occurrence was free

          fight in nature, where petitioners’ side received much

          serious and grievous injuries, therefore, the petitioners’

          side lodged FIR qua present occurrence after lodging the

          present FIR on 23.12.2025, which was registered as

          Haraiya P.S. Case No. 164 of 2025.

                       5. Arguing further, it is submitted that the

          occurrence was free fight in nature, where both parties

          received injuries, therefore, it can be safely said that the

          petitioners were not under intention to cause death of

          the injured persons. It is pointed out that the allegation

          of physical assault is not available against these

          petitioners rather allegation to cause grievous injury is

          specifically available against co-accused namely, Vivek

          Sah and Chhedi Sah. Both petitioners claimed clean

          antecedents, where petitioner no. 2 implicated only

          being the wife of petitioner no. 1.

                       6. Learned APP opposes the prayer of bail.

                       7. In view of aforesaid factual submission and
               Patna High Court CR. MISC. No.36661 of 2026(2) dt.16-06-2026
                                                           3/3




                         by taking note of fact as allegation qua physical assault

                         is not available against petitioner no. 1, where

                         implication of petitioner no. 2 prima-facie only being

                         wife of petitioner no. 1, coupled with the fact as

                         occurrence is free fight in nature, where both parties

                         received        injuries,       accordingly          both   above-named

                         petitioners, 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. 10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of

                         the learned SDJM, Raxaul, East Champaran /concerned

                         Court, where the case is pending in connection with

                         Haraiya P.S. Case No. 157 of 2025, subject to the

                         conditions as laid down under Section 482(2) of BNSS.



                                                                    (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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