Patna High Court
Balmiki Chauhan @ Balmiki NoniyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Balmiki Chauhan, was named in an FIR for alleged assault and related offences arising from a dispute over a drainage system, with charges under multiple sections of the Bihar Negotiable Sale (BNS) Act. He contended that the incident was a mutual free fight, that the injury he was accused of causing was not grievous, and that he had a clean antecedent. The prosecution opposed his bail application, citing the seriousness of the charges. The court examined the nature of the fight, the extent of injuries, and the lack of specific evidence linking the petitioner to a grievous assault. Finding that the allegations did not constitute a grievous injury and that the case appeared to be a free fight, the court ordered bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bihar Negotiable Sale (BNSS) Act. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the court's directions.
Issues considered
- Whether the petitioner is entitled to bail despite being charged under multiple serious offences under the BNS Act
- Whether the alleged injury qualifies as grievous under the relevant statutes
- Whether the nature of the incident as a 'free fight' affects the bail decision
Legislation cited
- Bihar Negotiable Sale (BNS) Act — s. 109, 115(2), 117(2), 126(2), 191(2), 191(3), 303(2), 329(3)
- Bihar Negotiable Sale (BNSS) Act — s. 482(2)
Subjects
- bail
- criminal procedure
- assault
- free fight
- grievous injury
- Section 482
- BNS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38734 of 2026
Arising Out of PS. Case No.-418 Year-2025 Thana- NARHATT District- Nawada
======================================================
Balmiki Chauhan @ Balmiki Noniya S/O Ramotar Chauhan @ Ramavatar
Noniya Resident of village- Punaul, P.S.- Narhat, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arjun Prasad
For the Opposite Party/s : Mr. Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Narhat P.S. Case
No. 418 of 2025 registered for the offences punishable
under Sections 191(2), 191(3), 126(2), 115(2), 109,
117(2), 329(3), 303(2) of BNS.
3. As per FIR, petitioner alongwith other co-
accused person alleged to assault informant and others
during the course of occurrence causing head and bodily
injuries, where assault was alleged to made with an intention
to cause death of the injured person. Occurrence alleged to
be arising out of dispute related with drainage system.
4. It is submitted by learned counsel appearing on
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behalf of the petitioner that this petitioner specifically alleged
to assault father of the informant namely, Balmiki Chauhan
on his head during the occurrence. It is pointed out that no
allegation of assault is available against this petitioner during
the occurrence which in fact is a free fight in nature, where
both parties received injuries, for which petitioner side also
lodged a case which was registered as Narhat P.S. Case No.
425 of 2025.
5. Arguing further it is submitted by learned
counsel for the petitioner that the injury as alleged to be
caused by this petitioner on the head was not found grievous
in nature rather the fifth metacarpal of the father of the
informant was found fractured which is none vital part of the
body, moreover, same was not alleged to be caused by this
petitioner. Petitioner claimed clean antecedent.
6.Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as prima-facie occurrence is free fight in
nature, where, both parties received injury, coupled with the
fact that nature of injury as alleged to be caused by this
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petitioner not appears grievous, accordingly petitioner above-
named, in the event of his arrest or surrender before the
court below within a period of four weeks, 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 JM 1st Class,
Nawada /concerned Court, where the case is pending in
connection with Narhat P.S. Case No. 418 of 2025, subject
to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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