Patna High Court
Kishan ram @ Kishan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the prima facie facts indicate a free fight and create doubt as to intention to cause death, and therefore granted bail.
Summary
Petitioners Kishan Ram and Ashish Kumar were named in an FIR for assaulting an informant and her son, allegedly using an iron rod with intent to cause death, under several sections of the Bihar Penal Code. The petitioners contended that the incident was a mutual free fight, that injuries were largely simple and the only grievous injury was to a non‑vital part (a finger), and therefore no intention to cause death existed. The State opposed bail, arguing the seriousness of the offences. The court examined the nature of the injuries and the circumstances, finding prima facie that the fight was mutual and that there was reasonable doubt about the intention to cause death. Consequently, the court ordered bail of Rs. 10,000 each with two sureties, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the facts constitute an offence with intention to cause death under the cited sections of the Bihar Penal Code.
- Whether the incident qualifies as a free fight, negating the element of intention to cause death.
- Whether bail should be granted under Section 482(2) of the Bihar Criminal Procedure Code.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Penal Code — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351, 352, 76
Subjects
- bail
- assault
- intention to cause death
- free fight
- Bihar Penal Code
- Bihar Criminal Procedure Code
- East Champaran
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40937 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- HARSIDHI District- East Champaran
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1. Kishan ram @ Kishan kumar Son of Motilal ram Resident of Village -
Dhawahi Nankar, ward No. 14, P.S.- Harsidhi,District- East Champaran.
2. Ashish Kumar @ Aashish Kumar Ranjan Son of Motilal Ram Resident of
Village - Dhawahi Nankar, ward No. 14, P.S.- Harsidhi,District- East
Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Harsidhi P.S. Case No.
58/2025 registered for the offences punishable under Sections 126(2),
115(2), 117(2), 109, 351, 352, 76, 303(2) and 3(5) of the BNS.
3. The allegation against petitioners is to assault informant
and her son during the course of occurrence causing head and bodily
injuries having intention to cause their death, assault as alleged was
made by using iron rod, where dispute arising out of drainage issues.
4. It is submitted by learned counsel appearing on behalf
of the petitioners that present occurrence appears free fight in nature,
where both parties received injuries, therefore, it cannot be said that
petitioners were under intention to cause death of the injured
informant and other injured persons. It is also submitted that for the
same set of occurrence petitioner’s side also lodged a case, which has
been registered as Harsidhi P.S. Case No. 61/2025. It is also
submitted that injury as alleged to be caused upon son of informant
namely Laddu Kumar, upon medical examination found simple in
Patna High Court CR. MISC. No.40937 of 2026(2) dt.25-06-2026
2/2
nature, where three injuries out of four injuries as alleged to be
caused upon informant upon medical examination found simple and
one injury which was found grievous, was on the finger, which is
non-vital part of the body, therefore, it can be safely said that
petitioners were not under intention to cause death. 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 prima-facie occurrence is free fight in nature, coupled
with the fact as nature of injuries as alleged to be caused by these
petitioners found simple in nature except one grievous injury which
found upon the non-vital part i.e., middle finger prima-facie creating
doubt qua intention to cause death, 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 CJM, East Champaran, Motihari/concerned Court, where
the case is pending in connection with Harsidhi P.S. Case No.
58/2025 , 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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