Patna High Court
Ram Bali SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The High Court held that the occurrence was a free fight with simple injuries and no intention to cause death, thereby granting anticipatory bail to the petitioners.
Summary
The petitioners, Ram Bali Singh and family members, were named in an FIR for assault with an iron rod during a land dispute, alleged under multiple sections of the Bhartiya Nyaya Sanhita, 2023. They contended that the incident was a "free fight" with no intention to cause death and that the injuries were simple. The trial court denied anticipatory bail, citing the use of a weapon on vital parts. On appeal, the High Court examined the factual submissions, medical reports, and the nature of the dispute, concluding that the case prima facie appeared to be a free fight lacking intent to cause death. Relying on the Supreme Court’s decision in State of Himachal Pradesh v. Shamsher Singh, the Court granted anticipatory bail to the petitioners, subject to standard conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS.
Issues considered
- Whether the facts constitute a prima facie case under Section 109 of the Bhartiya Nyaya Sanhita, justifying denial of anticipatory bail.
- Whether the alleged assault was a "free fight" lacking intention to cause death, warranting grant of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 301(2), 303(2), 329(3), 3(5), 482(2), 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- free fight
- land dispute
- assault
- intention to cause death
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40084 of 2026
Arising Out of PS. Case No.-143 Year-2026 Thana- PIPRA District- East Champaran
======================================================
1. Ram Bali Singh Late Ram Lakshman Singh Resident of Village -
Sohanpura, Ward No. 07, P.S. - Pipra, District - East Champaran.
2. Sri Mati Devi W/o Ram Bali Singh Resident of Village - Sohanpura, Ward
No. 07, P.S. - Pipra, District - East Champaran.
3. Chandan Kumar @ Chandan Kumar Singh S/o Ram Bali Singh Resident of
Village - Sohanpura, Ward No. 07, P.S. - Pipra, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Pipra P.S
Case No.143 of 2026 registered under Sections 126(2),
115(2), 118(1), 109(1), 329(3), 76, 303(2), 301(2), 3(5)
of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’).
3. As per FIR, the petitioners along with other co-
accused persons alleged to assault informant and others
during course of occurrence by using iron rod causing head
and bodily injury, having intention to cause their death,
where occurrence alleged to be arising out of land dispute.
Patna High Court CR. MISC. No.40084 of 2026(2) dt.22-06-2026
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4. It is submitted by learned counsel for petitioners
that the occurrence was free fight in nature where both the
parties received injury and therefore, it can be safely said
that petitioners were not under intention to cause death of
the informant and other injured persons. It is submitted that
admittedly the occurrence took place in the background of
the land dispute. It is pointed out that the petitioners had
also lodged a case against informant and others which has
been registered as Pipra P.S Case No. 144 of 2026 for the
same set of occurrence. It is submitted that the nature of
injury of injured persons, upon medical examination, found
simple in nature which also negate allegation to cause death.
Arguing further, it is pointed out that as the alleged assault
appears to be made on the vital parts like head of the
injured, on that ground alone the learned trial court rejected
anticipatory bail of petitioners ignoring other several aspects
like manner of assault, nature of weapons, nature of injuries,
conduct of the accused person etc. during the occurrence,
which all are collectively required to make out a prima face
case under Section 109 of B.N.S. In support of his
Patna High Court CR. MISC. No.40084 of 2026(2) dt.22-06-2026
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submission, learned counsel relied upon judgment of of
Supreme Court as available through The State of
Himachal Pradesh Vs. Shamsher Singh reported in
2025 SCC OnLine SC 807. Petitioners are of clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact, prima facie as occurrence appears free
fight in nature, where upon medical examination, nature of
injury also found simple, accordingly, petitioners, above-
named, are directed to be released on bail, in the event of
their arrest or surrender in the court below within a period of
four weeks, 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,
Motihari in connection with Pipra P.S Case No.143 of 2026,
subject to the conditions as laid down under Section 438(2)
of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
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