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Patna High Court

Sandeep Ram @ Chandeep RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       3/3




                     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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