Patna High Court
Ramakant Kumar @ Ramakant MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379, 504, 506
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
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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
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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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