Patna High Court
Sandeep Ram @ Chandeep RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Sandeep Ram, was arrested in connection with a case alleging assault with intent to cause death under Sections 115(2), 126(2), 303(2), 109(1) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. He contended that the incident was a mutual free fight, that the injuries were simple and not repeated, and that there was no intention to cause death, also asserting a clean antecedent. The prosecution opposed bail. The court examined the medical report and the nature of the injuries, finding them simple and not indicative of a lethal intent, and noted the lack of prima facie evidence of repeated assault. Accordingly, the court directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of assault with intent to cause death under the Bhartiya Nyaya Sanhita, 2023.
- Whether the nature and severity of the injuries demonstrate an intention to cause death sufficient to deny bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1) read with 3(5), 115(2), 126(2), 303(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- assault
- intent to cause death
- Bhartiya Nyaya Sanhita
- Criminal Procedure Code
- simple injury
- free fight
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41829 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- BHORE District- Gopalganj
======================================================
Sandeep Ram @ Chandeep Ram, S/o Phirangi Ram @ Firangi Ram, R/o
Village- Bishrampur, P.S.- Bhore, District- Gopalganj, Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Bhore P.S. Case
No.114 of 2026 registered under Sections 115(2), 126(2),
303(2), 109(1) read with 3(5) of the Bhartiya Nyaya
Sanhita, 2023 (in short ‘B.N.S.’).
3. As per FIR, petitioner along with co-accused
persons alleged to assault the informant and her family
members by using dab, farsa like sharp-edged weapons,
causing head and bodily injuries, having intention to cause
death of informant and injured persons, where occurrence
alleged to be arising out of neighbouhood disputes and
Patna High Court CR. MISC. No.41829 of 2026(2) dt.01-07-2026
2/3
differences.
4. It is submitted by learned counsel appearing
for petitioner that the occurrence in actual was free fight in
nature, where both parties received injuries. It is pointed
out that for same occurrence, petitioner’s side also lodged a
case, which has been registered as Bhore P.S Case No.315
of 2025. it is pointed out that the informant failed to explain
the injuries as received by the petitioner’s side during the
course of occurrence.
5. Arguing further, it is submitted by learned
counsel that the injury as alleged to be inflicted by this
petitioner, upon medical examination, found simple in nature
and same also not appears repeated, constituting sufficiently
that the assault as alleged to be caused by this petitioner
was not made with intention to cause death. Petitioner
claimed clean antecedent.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions and by
taking note of fact as allegation to cause injury prima facie
not appears repeated against the petitioner, coupled with the
Patna High Court CR. MISC. No.41829 of 2026(2) dt.01-07-2026
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fact that the injury upon medical examination also found
simple, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Gopalganj in connection
with Bhore P.S. Case No.114 of 2026, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of
the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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