Atul KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42163 of 2026
                       Arising Out of PS. Case No.-100 Year-2026 Thana- SONEPUR District- Saran
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                 Atul Kumar S/O Praveen Singh @ Rakesh Singh @ Pravin Kumar R/o-
                 Village - Murthan, P.S.- Sonepur, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anjani Parashar
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                      Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Sonepur P.S. Case No.

                   100 of 2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 109, 118(2), 352, 351(2), 3(5) of

                   BNS.

                                3. As per FIR informant alleged petitioner to made an

                   attempt to kidnap his son and so he tried to pull him inside the

                   vehicle, bearing registration no. BR 01 FP 4309 and when the act

                   of petitioner and co-accused persons was objected, petitioner

                   inflicted knife injury upon son of the informant causing head

                   injury. All present accused persons including petitioner alleged to

                   equipped with fire arm and further alleged to open fire in air to
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          ensure their escape from the place of occurrence.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that prior to lodging this case one criminal

          case was lodged by grandmother of the petitioner against

          informant and others which has been registered as Sonepur P.S.

          Case No. 94 of 2026 on 01.02.2026 and in retaliation of same

          present case was lodged on 03.02.2026, where the date and

          time of occurrence also appears same and, therefore, it can be

          said safely that present occurrence is a free fight between the

          parties,    where both parties            received   injuries during   the

          occurrence. It is submitted that petitioner side also received

          injury during occurrence but their injuries not appears explained

          through present FIR.

                       5. Arguing further, it is submitted that to make out a

          case under Section 109 of BNS, the prime consideration is

          “intention to cause death” which can be gathered from several

          factors like nature of weapon, manner of assault, body part

          where the assault was made, nature of injuries, conduct of

          accused person during the occurrence etc., and merely on the

          ground of nature of injuries and body part it can not be gathered

          safely that the accused person/ petitioner was under intention to

          cause death of the injured son of the informant. In support of his
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          submission learned counsel 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.

                       6. Arguing further, it is submitted by learned counsel

          for the petitioner that the face of FIR categorically speaks that all

          accused persons were present at the place of occurrence and

          were equipped with fire arm which was used for air firing to

          ensure their escape from the place of occurrence. It is submitted

          that having all occasion to fire upon the son of the informant, no

          such allegation was raised by the informant, which is sufficient to

          gather that the petitioner was not under intention to cause death

          of the son of the informant. It is also submitted that injury is

          single not repeated without having any intervening circumstances

          and therefore, it further suggest that the intention to cause death

          was absent. Petitioner claimed clean antecedent.

                       7. Learned APP duly assisted by learned counsel for

          the informant while opposing the prayer of bail submitted that

          alleged injury upon the son of the informant was specifically

          caused by this petitioner which found on his head and same

          found grievous upon medical examination, however, he conceded

          that the number of injury was one and no repeated assault was

          made. It is also conceded that the allegation of firing is not
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                      available against any of the co-accused person including

                      petitioner, despite pressing fire arms.

                                    8. In view of aforesaid factual submission and by

                      taking note of fact as occurrence was free fight in nature where

                      both parties received injuries during the occurrence, coupled with

                      the fact that petitioner alleged to equipped with fire arms but not

                      choose to open fire upon the injured having all occasion in his

                      favor which prima-facie negate his intention to cause death of the

                      son of the informant as alleged, accordingly petitioner above-

                      named who is a man of clean antecedent, in the event of his

                      arrest or surrender before the court below within a period of four

                      weeks, is 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 CJM, Saran at

                      Chapra /concerned Court, where the case is pending in

                      connection with Sonepur P.S. Case No. 100 of 2026, subject to

                      the conditions as laid down under Section 482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-
U       T