Patna High Court
Munna Singh @ Yogendra Singh @ Yogendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the incident was a mutual fight lacking intent to cause death, and therefore bail was warranted under Section 482(2) of the BNSS.
Summary
The petitioners were named in an FIR for assaulting the informant's wife and others, alleged to have caused injuries with intent to cause death under sections 115(2), 127(1), 109 and 3(5) of the BNS. The petitioners contended that the incident was a mutual fight, that injuries were largely simple and the only grievous injury was on a non‑vital part, negating any intention to cause death, and they claimed a clean antecedent. The State opposed bail. The court examined the factual submissions and concluded that, prima facie, the incident was a free fight with no clear intent to kill, and the nature of the injuries did not satisfy the seriousness required to deny bail. Accordingly, the court ordered the release of all petitioners on bail, subject to a bond of Rs. 10,000 with two sureties each, under Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the circumstances of the alleged assault demonstrate an intention to cause death sufficient to deny bail
- Whether bail can be granted under Section 482(2) of the BNSS in the present case
Legislation cited
- Bihar Negotiable and Settlement Act (BNSS) — s. 109, 115(2), 127(1), 3(5), 482(2)
Subjects
- bail
- assault
- intention to cause death
- mutual fight
- Section 482
- BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41786 of 2026
Arising Out of PS. Case No.-92 Year-2026 Thana- KARAHGAR District- Rohtas
======================================================
1. Munna Singh @ Yogendra Singh @ Yogendra Kumar Son of Kedar Singh
Resident of Village - Karaghar, P.S. - Karaghar, District - Rohtas
2. Ravindra Singh @ Ravindra Kumar Singh son of Kedar Singh Resident of
Village - Karaghar, P.S. - Karaghar, District - Rohtas
3. Chandrawati Devi Wife of Kedar Singh Resident of Village - Karaghar, P.S.
- Karaghar, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Adv
: Mr. Saharsh Shubham, Adv
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Karaghar P.S. Case
No. 92/2026 registered for the offences punishable under
Sections 115(2), 127(1), 109 and 3(5) of the BNS.
3. As per FIR, petitioners alleged to assault wife of
informant and others during the occurrence causing head and
bodily injuries having intention to cause death of the injured,
where alleged occurrence took place due to neighborhood
disputes and differences.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that present occurrence appears free
Patna High Court CR. MISC. No.41786 of 2026(2) dt.30-06-2026
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fight in nature, where both parties received injuries, therefore, it
cannot be said that petitioners were under intention to cause
death of wife of informant and other persons. It is also
submitted that for the same set of occurrence a case has been
registered by petitioner’s side, which has been lodged as
Karaghar P.S. Case No. 93/2026. It is submitted that allegation
qua committing physical assault by petitioners appears very
much general and omnibus in nature, where implication of
petitioner no. 3 appears being mother of petitioner no. 1 and 2.
It is pointed out that upon medical examination injury as alleged
to be caused by petitioners upon wife of the informant found
simple in nature except on the forehand, which was found
fractured and opined as grievous. It is submitted that said
grievous injury was found on non-vital part of the body, which
further negates “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 that as prima-facie occurrence was free fight
in nature, where both parties received injuries, coupled with the
fact as injury inflicted by petitioners during the occurrence
found simple in nature except one injury which was on the non-
Patna High Court CR. MISC. No.41786 of 2026(2) dt.30-06-2026
3/3
vital part of the body prima-facie negating intention to cause
death, accordingly all 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
ACJM-V, Rohtas at Sasaram/concerned Court, where the case is
pending in connection with Karaghar P.S. Case No. 92/2026,
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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