Patna High Court
Manohar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to all petitioners subject to a bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioners were named in an FIR for assaulting an informant and others, allegedly with intent to cause death, arising from a dispute over a hand pump. The petitioners argued that the incident was a free fight, both sides sustained injuries, and the medical report showed only simple injuries, negating any intention to cause death. The State opposed bail. The court examined the factual submissions and noted that the occurrence prima facie appeared to be a free fight with simple injuries. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS. The order was directed to be implemented by the concerned lower court.
Issues considered
- Whether the petitioners are entitled to bail despite being charged under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1) and 352 of the BNS, considering the alleged intent to cause death.
- Whether the nature of the incident as a free fight negates the intention to cause death required for the offences.
Legislation cited
- Bihar Negotiable Sale Act — s. 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 352, 482(2)
Subjects
- bail
- criminal procedure
- assault
- intention to cause death
- free fight
- Section 482
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40023 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
1. Manohar Ram Son of Late Hiralal Ram Resident of village- Nimuiya, Ward
No.05, Police Station- Nawalpur, District- West Champaran
2. Marachhiya Devi wife of Late Hiralal Ram Resident of village- Nimuiya,
Ward No.05, Police Station- Nawalpur, District- West Champaran
3. Kalawati Devi @ Kamlawati Devi Wife of Pahwari Ram Resident of
village- Nimuiya, Ward No.05, Police Station- Nawalpur, District- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Nawalpur P.S. Case
No.78/2026 registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1)
and 352 of BNS.
3. As per FIR, petitioners along with other 12 co-
accused persons assaulted informant and others causing head
and bodily injuries, having intention to cause their death, where
occurrence alleged to be arises out of dispute regarding hand
pump.
4. It is submitted by learned counsel appearing on
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behalf of the petitioners that present occurrence appears free
fight in nature, where both parties received injuries, therefore, it
cannot be said that petitioners were under intention to cause
death of the injured informant and other injured persons. It is
also submitted that for the same set of occurrence husband of
petitioner no. 3 namely Pahwari Ram lodged a case which has
been registered as Nawalpur P.S. Case No. 85 of 2026. It is
submitted that injury report not appears convincing that
informant was assaulted by 12 persons collectively during the
occurrence, where upon medical examination injury found simple
in nature, negating intention of petitioners to cause death of
informant. While concluding argument, it is submitted that
petitioners are men of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual and legal submission
and by taking note of fact as occurrence prima-facie appears free
fight in nature, where both parties received injuries, coupled with
the fact as injury of the informant upon medical examination
found simple in nature, accordingly all above-named petitioners,
in the event of their arrest or surrender before the court below
within a period of four weeks, are directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
Patna High Court CR. MISC. No.40023 of 2026(2) dt.22-06-2026
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with two sureties of the like amount each to the satisfaction of
the learned JM First Class, Bettiah, West Champaran/concerned
Court, where the case is pending in connection with Nawalpur
P.S. Case No.78/2026, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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