Patna High Court
Naulesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail should be granted as the incident appears to be a free‑fight, injuries are simple, and there is no prima facie intent to cause death.
Summary
Naulesh Kumar was arrested in connection with a FIR (Ghoshi PS Case No. 37 of 2025) alleging assault on the informant's son and others, with charges under multiple sections of the Bhartiya Nyay Sanhita (B.N.S.) and an added section 103(2). He applied for anticipatory bail, arguing that the incident was a free‑fight arising from a trivial neighbourhood dispute, that injuries were simple, and that there was no intention to cause death. The trial court denied bail, but the petitioner contended the FIR did not specify the weapon used and that the assault was not repeated. The High Court examined the nature of the injury, the lack of repeated assault, and the petitioner’s clean antecedent, concluding that the facts did not prima facie show intent to cause death. Accordingly, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the facts of the case justify the grant of anticipatory bail despite charges under multiple sections of the B.N.S.
- Whether the alleged assault constitutes an offence under Section 109 of the B.N.S. requiring intent to cause death or injury to a vital part
- Whether the incident qualifies as a free‑fight, negating the element of repeated assault
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 438(2), 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 103(2), 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 333, 351(2), 351(3), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- free‑fight
- intent to cause death
- clean antecedent
- B.N.S.
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40161 of 2026
Arising Out of PS. Case No.-37 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Naulesh Kumar S/O Sejay Das @ Sanjay Das Resident of Village-
Chaitipipar, P.S. Ghoshi, District Jehanabad
... ... Petitioner
Versus
The State of Bihar Patna
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Chandra, Advocate
For the Opposite Party/s : Mr.Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Ghoshi P.S. Case
No. 37 of 2025 registered for the offences punishable under
Sections 191(2), 191(3), 333, 126(2), 190, 115(2), 109,
303(2), 352, 351(2), 351(3) of the Bhartiya Nyay Sanhita,
2023 (in short, the ‘B.N.S.’) and subsequently section
103(2) of the B.N.S. was added.
3. The allegation against the petitioner is to assault
the son of the informant alongwith other co-accused persons
causing head and bodily injury, which alleged to made with
intention to cause death. The occurrence alleged to be
Patna High Court CR. MISC. No.40161 of 2026(2) dt.23-06-2026
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arising out of trivial neighbourhood dispute like tying of
cow with peg, which was worshiped with red vermilion.
4. Learned counsel appearing on behalf of the
petitioner submitted that prayer of anticipatory bail of the
petitioner was rejected by the learned trial court only for the
reason that he assaulted on the head of son of the informant
ignoring the fact that occurrence was free-fight in nature,
where both parties received injury, for which petitioner had
also lodged a case, which was registered as Ghoshi P.S.
Case No. 38/2025 (Annexure ‘2’).
5. It is submitted that the allegation of assault is also
not appearing repeated and, moreover, nature of injury,
upon medical examination, was found simple in nature. In
this connection, it is further submitted that FIR nowhere
suggest that by using which weapon, the assault, as alleged,
was made on the head of son of the informant by petitioner.
6. It is pointed out that assault on “vital part” is not
the only criteria to make out a case for offence punishable
under section 109 of the B.N.S., rather several factors are
required to be taken into consideration, as nature of
weapon, nature of injury, manner of assault, body parts
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where assault was made, pre and post conduct of the
accused etc. In support of his submission, learned counsel
relied upon the legal report of Hon’ble Supreme Court as
available through State of Himachal Pradesh Vs.
Shamsher Singh reported in 2025 SCC OnLine SC 807.
7. While concluding argument, learned counsel
submitted that petitioner is a man of clean antecedent.
8. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
9. In view of the aforesaid factual submissions and
by taking note of the fact as the occurrence primarily
appears free-fight in nature, where injury as alleged to be
caused by the petitioner prima facie not appears repeated,
where nature of injury, upon medical examination, found
simple, prima facie negating intention to cause death,
accordingly, above-named petitioner, who is a man of clean
antecedent, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
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Jehanabad/concerned court in connection with Ghoshi P.S.
Case No. 37 of 2025, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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