Patna High Court
Vijay Sah @ Vijay Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Negotiable Sale Act — s. 109, 115, 118(1), 126(2), 3(5), 482(2)
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
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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
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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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