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Patna High Court

Ramakant Kumar @ Ramakant MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the incident was a free‑fight and the petitioner was not shown to have intention to cause death, warranting the grant of bail.

Summary

The petitioner, Ramakant Kumar, was arrested in connection with a neighbourhood dispute that led to a violent altercation, for which he was charged under several IPC provisions including assault and attempted murder. He applied for bail, contending that the incident was a mutual free‑fight, that he was falsely implicated, and that he lacked the intention to cause death, a requisite element for Section 307. The State opposed bail, asserting his active participation in the assault. The court examined the nature of the incident, the completed investigation, and the petitioner’s clean antecedents, concluding that the facts supported a free‑fight characterization and did not establish murderous intent. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under CrPC Section 437(3) and BNSS Section 480(3).

Issues considered

  • Whether the petitioner is entitled to bail despite charges including Section 307 IPC.
  • Whether the incident qualifies as a free‑fight, negating the intention to cause death required for attempted murder.
  • Whether the completed investigation and the petitioner’s antecedents justify bail.

Legislation cited

Subjects

  • bail
  • free fight
  • assault
  • intention to cause death
  • IPC
  • CrPC
  • BNSS
  • false implication
  • neighbourhood dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3667 of 2026
                    Arising Out of PS. Case No.-95 Year-2023 Thana- KOTWA District- East Champaran
                 ======================================================
                 Ramakant Kumar @ Ramakant Mahto, S/o Shiw Shankar Mahto, R/o Village
                 and P.O.-Karariya, Konhawa Machhar Gawan, P.S.- Kotwa, District-East
                 Champaran, Motihari
                                                                        ... ... Petitioner
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Kotwa P.S. Case No.95 of 2023 registered for the

                   offences punishable under Sections 341, 323, 324, 307, 379,

                   504, 506 read with 34 of the Indian Penal Code.

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

                   in custody since 13.10.2025.

                                4. Allegation against the petitioner is to assault the

                   informant and others alongwith other co-accused persons by

                   means of Lathi, iron rod, knife etc. causing head and bodily

                   injuries, having intention to cause their death, where occurrence

                   is arises out of neighbourhood dispute and differences.
Patna High Court CR. MISC. No.3667 of 2026(2) dt.09-02-2026
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                       5. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner has been falsely implicated

          in the present case due to neighbourhood dispute and

          differences. It is submitted that occurrence is of free-fight in

          nature, where both parties have received injuries and for same

          set of occurrence a counter case was lodged by petitioner’s side

          which has been registered as Kotwa P.S. Case No. 93 of 2023.

          It is further submitted that allegation is limited as to give only

          order/instigate to other co-accused persons to assault the

          informant and others during the course of occurrence. It is

          submitted by learned counsel that occurrence is free-fight in

          nature, therefore, it cannot be said that petitioner was under

          intention to cause death of the injured, which is a prime

          consideration to constitute a case under Section 307 of the

          I.P.C. It is pointed out by learned counsel appearing for the

          petitioner that the injured daughter of informant was not only

          alleged to be assaulted by this petitioner rather by other co-

          accused persons also and the manner of the occurrence is free

          fight and also by taking note of injuries as conduct of the

          petitioner, it can be said that the petitioner was not under

          intention to cause death of the daughter of informant. In
Patna High Court CR. MISC. No.3667 of 2026(2) dt.09-02-2026
                                            3/4




          support of his submission, learned counsel has relied upon legal

          report of Hon’ble Supreme court as available through Jage

          Ram vs. State of Haryana & Ors. [(2015) 11 SCC 366].

          While concluding argument, it is submitted that investigation of

          this case is already completed, for which, charge-sheet has been

          submitted and, as such, there is no chance of tampering with

          the evidence and moreover petitioner is a man of clean

          antecedent.

                       6. Learned A.P.P. for the State while opposing the

          prayer for anticipatory bail of the petitioner, submitted that

          petitioner has actively participated during the course of

          occurrence.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as occurrence is free fight in nature, where

          both parties received injuries, coupled with the fact that

          investigation of this case is already completed, where

          petitioner remains in custody since 13.10.2025, accordingly,

          the petitioner, above-named, 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 Chief Judicial Magistrate, East Champaran at
          Patna High Court CR. MISC. No.3667 of 2026(2) dt.09-02-2026
                                                      4/4




                    Motihari in connection with Kotwa P.S. Case No.95 of 2023

                    subject to the conditions as laid down under Section 437(3) of

                    the Code of Criminal Procedure (for short ‘CrPC’)/under

                    Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for

                    short ‘BNSS’).


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


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