Patna High Court
Mahendra Kumar @ Mahendra Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations, on a prima facie basis, point to a free fight without intent to cause death and therefore granted bail.
Summary
Mahendra Kumar was named in an FIR for assaulting an informant and others with an iron rod and a sharp‑edged weapon during a land‑dispute, allegedly with intent to cause death, and was charged under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that the incident was a "free fight" in which both sides sustained injuries, that there was no intention to cause death, and that the injuries were simple and not repeated. The Additional Public Prosecutor opposed bail. The court examined the factual submissions and, noting the prima facie nature of a free fight and the lack of evidence of intent to cause death, directed that the petitioner be released on bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the facts disclosed in the FIR constitute a prima facie case of intent to cause death warranting denial of bail.
- Whether the incident can be characterized as a free fight, thereby affecting the bail decision.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- free fight
- intent to cause death
- assault
- land dispute
- B.N.S.
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36835 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- PANAPUR District- Saran
======================================================
Mahendra Kumar @ Mahendra Kumar Kushwaha, son of Ram Chandra
Singh Kushwaha, Resident of Village - Harakh Pakri, P.S.- Panapur, Dist-
Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-06-2026 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 Panapur P.S.
Case No.67 of 2026 registered under Sections 126(2),
115(2), 117(2), 109, 324(4), 303(2), 352, 351(2) read
with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. As per FIR, the petitioner along with other co-
accused persons alleged to assault the informant and others
during the course of occurrence by using iron rod, dab
(sharp-edged weapon) causing head and bodily injuries to
informant and others, which alleged to be made with
Patna High Court CR. MISC. No.36835 of 2026(2) dt.17-06-2026
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intention to cause their death. The occurrence alleged to be
arising out of land disputes.
4. It is submitted by learned counsel that the
occurrence was free fight in nature, where both parties
received injuries and, therefore, it can be said safely that
the petitioner was not under intention to cause death of the
injured. It is submitted that for the same set of occurrence,
the petitioner’s side also lodged a case being Panapur P.S.
Case No.68 of 2026. It is further argued that the petitioner
specifically alleged to assault the younger son of the
informant namely, Binod Kushwaha during the occurrence
by using dab. It is pointed out that there is no allegation of
repeated assault and moreover the injury as alleged to be
caused by petitioner upon medical examination found simple
in nature and these both things are sufficient to constitute
prima facie that the petitioner was not under intention to
cause death of younger son of the informant as alleged.
While concluding argument, it is submitted that petitioner
found involved in one more criminal case, where he is on
bail.
Patna High Court CR. MISC. No.36835 of 2026(2) dt.17-06-2026
3/3
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie occurrence appears free
fight in nature, coupled with the fact that the assault as
alleged to be made by this petitioner prima facie not alleged
repeated, where nature of injury upon medical examination
found simple, 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 Chief Judicial Magistrate, Saran at
Chapra in connection with Panapur P.S. Case No.67 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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