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Patna High Court

Ehsan AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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