Patna High Court
Deonandan KamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail is granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners were named in an FIR (Phulparas PS Case No. 66 of 2026) under several offences of the Bhartiya Nyay Sanhita, 2023, alleged to have assaulted an informant and family members with intent to cause death arising from a neighbourhood dispute. The petitioners contended that the incident was a mutual free‑fight in which both sides sustained injuries, and that the medical report showed only simple injuries, negating any intention to cause death. They also asserted a clean antecedent and argued that the present case was filed to counter a prior case lodged by one of them. The State opposed the grant of anticipatory bail. The Court, noting the free‑fight nature, the simplicity of injuries, and the petitioners' clean antecedent, ordered that they be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite the FIR alleging serious offences under the Bhartiya Nyay Sanhita.
- Whether the nature of the incident as a free‑fight and the simplicity of injuries negate the intention to cause death required for the offences.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 352, 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- free‑fight
- criminal law
- Bhartiya Nyay Sanhita
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40915 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- PHULPARAS District- Madhubani
======================================================
1. Deonandan Kamat Son of Late Prem Kamat Resident of Village-
Dharmdiha, P.S.- Phulparas, District- Madhubani.
2. Siya Devi Wife of Deonandan Kamat Resident of Village- Dharmdiha, P.S.-
Phulparas, District- Madhubani.
3. Parikshan Kamat @ Mala Son of Deonandan Kamat Resident of Village-
Dharmdiha, P.S.- Phulparas, District- Madhubani.
4. Koushaki Kumari @ Koushaki Devi Wife of Parikshan Kamat Resident of
Village- Dharmdiha, P.S.- Phulparas, District- Madhubani.
5. Neha Kumari @ Neha devi Wife of Pradeep Kamat Resident of Village-
Dharmdiha, P.S.- Phulparas, District- Madhubani.
6. Pradeep Kamat Son of Deonandan Kamat Resident of Village- Dharmdiha,
P.S.- Phulparas, District- Madhubani.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar, Advocate
For the Opposite Party/s : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The accused-petitioners, named in the F.I.R., are
apprehending their arrest in connection with Phulparas P.S. Case
No. 66 of 2026 registered for the offence punishable under
sections 115(2), 126(2), 118(1), 109(1), 76, 352, 303(2), 3(5) of
the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, petitioners alleged to assault the
informant and other family members by using lathi, rod etc.
Patna High Court CR. MISC. No.40915 of 2026(2) dt.24-06-2026
2/3
causing head and bodily injury with intention to cause their
death, where the alleged dispute arising out of neighbourhood
dispute and differences.
4. Learned counsel appearing on behalf of the petitioners
submitted that the occurrence was free-fight in nature, where
both parties received injury and for the same set of occurrence,
petitioners’ side had also lodged a case, which has been
registered as Phulparas P.S. Case No. 65/2026, as lodged by
petitioner no. 1 prior to lodging this case and, to counter the said
case lodged by petitioner no. 1, the present case was lodged
raising false allegation.
5. It is further submitted that the injury as alleged to be
caused by petitioners, upon medical examination, found simple
in nature, negating intention to cause death. All petitioners
claimed clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
7. In view of the aforesaid factual submissions and by
taking note of the fact as occurrence in issue was free-fight in
nature, where both parties received injury, coupled with the fact
that injury alleged to be caused by petitioners, upon medical
examination, found simple in nature, accordingly, all above-
Patna High Court CR. MISC. No.40915 of 2026(2) dt.24-06-2026
3/3
named petitioners, who are men of clean antecedent, in the
event of their arrest/surrender within a period of four weeks
from this order, are 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
A.C.J.M. - 2nd, Jhanjharpur, Madhubani/concerned court in
connection with Phulparas P.S. Case No. 66 of 2026, 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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