Patna High Court
Amarjit Ray @ Amarjit RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was denied for petitioner no.1 but granted for petitioner no.2 subject to conditions.
Summary
Amarjit Ray and Shiv Vinay Ray were named in an FIR for assaulting an informant with a farsa, allegedly intending to cause death. The petitioners argued the incident was a mutual fight with only simple injuries and denied any intent to kill. The prosecution presented a medical report showing five incised wounds on the informant, suggesting use of a sharp weapon. The court examined whether the nature of the injuries established the requisite intention under Section 109 of the Bihar Penal Code and considered the applicability of anticipatory bail. It rejected the anticipatory bail plea of Amarjit Ray, finding prima facie evidence of intent, but granted bail to Shiv Vinay Ray due to lack of injury evidence against him, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the alleged assault demonstrates the intention to cause death required under Section 109 of the Bihar Penal Code.
- Whether anticipatory bail should be granted to the petitioners in light of the evidence of injuries.
- Whether bail can be granted to the second petitioner in the absence of an injury report.
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352
Subjects
- anticipatory bail
- intention to cause death
- assault
- incised injuries
- Section 109
- Section 482
- bail conditions
- free fight
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41890 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- DORIGANJ District- Saran
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1. Amarjit Ray @ Amarjit Rai Son of Rup Narayan Ray Resident of Village -
Balwan Tola, P.S.- Doriganj, District - Saran, Bihar.
2. Shiv Vinay Ray Son of Rup Narayan Ray Resident of Village - Balwan Tola,
P.S.- Doriganj, District - Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary
For the Opposite Party/s : Mr.Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Doriganj P.S.
Case No. 21 of 2026 registered for the offences punishable
under Sections 126(2), 115(2), 118(1), 109, 117(2),
303(2), 352, 3(5) of BNS.
3. The allegation against petitioners is to assault
informant by means of farsa causing head injuries. Alleged
assault was made with an intention to cause death of
informant/ injured, where occurrence alleged arising out of
previous enmities.
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that occurrence was free fight in
nature where both parties received injuries. It is submitted
that for the same set of occurrence petitioners side also
lodged a case which has been registered as Doriganj P.S.
Case No. 20 of 2026. It is further argued that petitioner no.
1 alleged to assault specifically to the informant namely, Hari
Lal Ray, which upon medical examination found simple in
nature, and therefore, it can be said safely that petitioners
were not under intention to cause death. It is submitted that
injury as received by petitioners not appears explained
through FIR. Petitioners claimed clean antecedent.
5. It is argued that only ornamental allegation is
available against petitioner no. 2 to assault the uncle of the
informant during the course of occurrence for which no
injury report is available on record.
6. Learned APP while opposing the prayer of bail as
preferred by the petitioners submitted that the injury report
of informant namely, Hari Lal Ray suggest that he received
five incised wound during the occurrence, where one was on
Patna High Court CR. MISC. No.41890 of 2026(2) dt.01-07-2026
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vertex and one on the thigh. Injury report is not speaking
about the position of rest three injuries but these wounds are
opined as incised wound, which appears corroborating with
nature of weapon alleged to be used by petitioner no. 1 to
cause injuries upon the informant namely, Hari Lal Ray.
7. It is submitted that only nature of injury is not
the criteria to make out the intention to cause death, within
the meaning of Section 109 of BNS. Learned APP in support
of his submission relied upon the legal report of Hon’ble
Supreme Court as available through State of Himachal
Pradesh vs. Shamsher Singh reported in 2025 INSC
503, however it is conceded by learned APP that injury of
uncle of informant is not available on record.
8. In view of aforesaid factual submission and by
taking note of fact as the allegation to cause repeated
incised injuries (total of five in number) appears available
against petitioner no. 1, which prima-facie appears
corroborating to be caused by sharp edge weapon like
“farsa” through which alleged assault was made, accordingly
the prayer of anticipatory bail of petitioner no. 1 namely,
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Amarjit Ray @ Amarjit Rai stands rejected.
9. Further, as no injury report available as alleged
to be caused by petitioner no. 2 namely, Shiv Vinay Ray,
upon uncle of the informant, accordingly petitioner no. 2
namely, Shiv Vinay Ray, in the event of his 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) with two
sureties of the like amount each to the satisfaction of the
learned ACJM VIII, Saran /concerned Court, where the case
is pending in connection with Doriganj P.S. Case No. 21 of
2026, subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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