Patna High Court
Ehsan AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations amounted to a free fight without grievous injury or sexual intent, and therefore granted bail to the petitioners.
Summary
The petitioners, Ehsan Alam and Shamser Sah, were named in an FIR (Pipra PS Case No. 331/2025) for offences under several sections of the Bihar Penal Code, including assault and alleged outrage of modesty. They contended that the FIR's allegations of physical assault were vague, that the incident was a mutual free fight, and that no sexual intent or grievous injury was involved. The State opposed bail. The court examined the nature of the allegations, noting the lack of specific intent and the absence of serious injury, and concluded that the case did not warrant denial of bail. Accordingly, the court ordered the release of both petitioners on bail of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code. The bail order was conditioned on surrender within four weeks and compliance with the stipulated terms.
Issues considered
- Whether the petitioners are entitled to bail given the general and omnibus nature of the assault allegations.
- Whether the alleged incident constitutes a serious offence justifying denial of bail under the Bihar Criminal Procedure Code.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 115(2), 117(2), 118, 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- free fight
- Section 482
- general allegations
- no grievous injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40864 of 2026
Arising Out of PS. Case No.-331 Year-2025 Thana- PIPRA District- East Champaran
======================================================
1. Ehsan Alam Son of Late Karmullah Sah Resident of village - Kanth
Chhapra, P.S.- Pipra, District - East Champaran.
2. Shamser Sah Son of Jainullah Sah @ Jainul Sah Resident of village - Kanth
Chhapra, P.S.- Pipra, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard the parties.
2. Both petitioners are named in the F.I.R. and
apprehending their arrest in connection with Pipra P.S. Case No.
331/2025 registered for the offences punishable under Sections
126(2), 115(2), 117(2), 118, 303(2), 76, 352, 351(2) and 3(5) of the
BNS.
3. The allegation against both the petitioners is to assault
informant and other and also to outrage the modesty of informant
during the course of occurrence.
4. It is submitted by learned counsel appearing on behalf
of the petitioners that allegation qua causing physical assault is
appearing very much general and omnibus in nature. It is submitted
that from the facial perusal of FIR, it can be safely gathered that
ingredient of sexual intent is absent rather occurrence is free fight in
nature, where petitioner’s side also received injury for which a
Patna High Court CR. MISC. No.40864 of 2026(2) dt.24-06-2026
2/2
separate case was lodged, which has been registered as Pipra P.S.
Case No. 335/2025. It is also submitted that none of the injured
persons received grievous injury during the occurrence. Petitioners
claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as allegation qua committing physical assault is
appearing very much general and omnibus in nature against both
these petitioners, where occurrence is free fight in nature,
accordingly both 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 with two sureties of the like amount
each to the satisfaction of the learned SDJM, Sadar, Motihari, East
Champaran/concerned Court, where the case is pending in
connection with Pipra P.S. Case No. 331/2025, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.