Patna High Court
Raj Kumar Rai @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the injury was simple and did not demonstrate an intention to cause death, and therefore granted bail to the petitioners.
Summary
Petitioners Raj Kumar Rai and Manti Devi were named in an FIR for alleged assault on informant Suraj Singh during a trivial neighbourhood dispute, with charges under IPC sections 341, 448, 324, 323, 307 and 504 read with 34. The petitioners contended that the incident was a mutual free fight, the injury to Suraj Singh was simple and did not demonstrate an intention to cause death, and they have clean antecedents. The State, aided by the informant’s counsel, presented a photograph showing eight stitched wounds to argue the seriousness of the assault. The Court examined the nature of the injury, the circumstances of the fight, and relevant Supreme Court precedent, concluding that the injury was not of a nature to attract a charge of attempted murder under Section 307. Consequently, the Court ordered the petitioners to be released on bail with a bond of Rs.10,000 each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the facts constitute an offence punishable under Section 307 of the Indian Penal Code (attempt to murder).
- Whether bail should be granted to the petitioners in view of the nature of the injury and the circumstances of the altercation.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 307, 323, 324, 34, 341, 448, 504
Subjects
- bail
- assault
- attempt to murder
- Section 307 IPC
- neighbourhood dispute
- simple injury
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38000 of 2025
Arising Out of PS. Case No.-1 Year-2024 Thana- KHUSRUPUR District- Patna
======================================================
1. Raj Kumar Rai @ Raj Kumar, Son of Ramananad Rai,
2. Manti Devi @ Fulmanti Devi, Wife of Raj Kumar Rai,
Resident of Village-Khirodhrpur, P.S.- Khursrupur, District- Patna
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Md. Musowir, Advocate
For the State : Mr. Mohammad Sufyan, APP
For the Informant : Mr. Anil Kumar Singh, Advocate
Mr. Dinkar Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 22-01-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State duly
assisted by learned counsel appearing for the informant.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Khusrupur
P.S. Case No.1 of 2024 registered under Sections 341, 448,
324, 323, 307 and 504 read with 34 of the Indian Penal
Code.
3. Allegation against petitioners is to assault
informant and others during the occurrence for trivial
neighbourhood dispute, due to which, the nephew of
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informant, namely, Suraj Singh received injuries during the
occurrence, which is specifically alleged to be caused by this
petitioner with intention to cause death.
4. It is submitted by learned counsel appearing for
petitioners that admittedly the parties are neighbours and out
of trivial issues, the present occurrence took place. It is
pointed out that the injury as alleged to be received by injured
Suraj Singh, upon medical examination found simple in
nature but, was alleged to be caused by sharp object. It is
pointed out that the nature of injury is not only the criteria as
to constitute prima facie the offence under Section 307 of the
Indian Penal Code, as there are several factors, which
required to be taken into consideration like, nature of
weapons, pre and post conduct of accused, the manner of
assault, the part of body on which assault was made, etc. In
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].
5. Arguing further, it is submitted that the
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occurrence was free fight in nature, where both parties
received injuries and for same set of occurrence, the
petitioners’ side lodged a complaint case, where informant
has already granted bail by the learned trial court itself. It is
pointed out that both petitioners are men of clean antecedent.
6. Learned APP for the State duly assisted by
learned counsel appearing for the informant submitted that
the allegation to cause assault is specifically available against
these petitioners. In support of his submission, he shows a
photograph of injured showing eight stitched wounds to
support the submission qua magnitude of assault as alleged to
be made by these petitioners during the course of occurrence.
7. In view of aforesaid factual submissions and by
taking note of fact, as the injury alleged to be caused by these
petitioners, upon medical examination, found simple in nature
that also not appears repeated, without having any
intervening circumstances, negating intention to cause death
on its face, accordingly, both petitioners, above-named, in the
event of their arrest or surrender in the court below within a
period of four weeks from today, are directed to be released
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on bail on 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 Judicial Magistrate-1st Class,
Patna City, Patna in connection with Khusrupur P.S. Case
No.1 of 2024, 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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