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Patna High Court

Jivan Yadav @ Jivan Kumar @ JivanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Jivan Yadav, was named in an FIR for assaulting an informant and others with alleged intent to cause death, arising from a land dispute, under several sections of the Bhartiya Nyay Sanhita, 2023. He contended that the incident was a mutual free-fight, with injuries on both sides, and that medical evidence showed only simple injuries, negating any intention to kill. The State opposed his anticipatory bail application. The court examined the factual submissions, noted the free‑fight nature and the petitioner’s clean antecedent, and found the evidence insufficient to establish a lethal intent. Consequently, the court ordered anticipatory bail, subject to a bail bond of Rs.10,000, two sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations of assault with intent to cause death.
  • Whether the facts constitute a free‑fight that negates the intention to cause death required under the charged sections.
  • Whether the medical evidence and clean antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • intention to cause death
  • free-fight defense
  • criminal procedure
  • bail conditions
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42804 of 2026
                         Arising Out of PS. Case No.-46 Year-2026 Thana- SARE District- Nalanda
                 ======================================================
                 Jivan Yadav @ Jivan Kumar @ Jivan S/o Arun Yadav R/o Village - Amba
                 Bigha, PS - Sare, District - Nalanda
                                                                        ... ... Petitioner
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr.Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   07-07-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

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

                   46 of 2026 registered for the offences punishable under Sections

                   126(2), 115(2), 118(1), 109(1), 303(2), 3(5) of the Bhartiya

                   Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).

                             3. The allegation against the petitioner is to assault the

                   informant and others during course of occurrence by means of

                   Garasa, Lathi, etc. causing head and bodily injury, where assault

                   was made with intention to cause death of the informant. It is

                   alleged that the occurrence was arising out of land dispute.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that the occurrence was of free-fight in nature where

                   both parties received injuries and for same set of occurrence,
Patna High Court CR. MISC. No.42804 of 2026(2) dt.07-07-2026
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          petitioner’s side also lodged a case which has been registered as

          Sare P.S. Case No. 47 of 2026 on same very day i.e. on

          13.03.2026. It is submitted that FIR nowhere appears explaining

          the injury as received by petitioner’s side. It is submitted that

          upon medical examination, nature of injury as alleged to be

          inflicted by accused/petitioner found simple in nature, which

          further negate the intention to cause death. Petitioner claimed

          clean antecedent.

                   5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and by

          taking note of the fact as occurrence was free-fight in nature,

          where both parties received injuries, coupled with the fact that

          injury alleged to be inflicted by petitioner, upon medical

          examination, found simple in nature prima facie negating

          intention to cause death, accordingly, above-named petitioner,

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

          arrest/surrender within a period of four weeks from this order, is

          directed to be enlarged on bail on furnishing of bail bond of

          Rs.10,000/- (ten thousand only) with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M.-VI,

          Biharsharif, Nalanda/concerned court in connection with Sare
           Patna High Court CR. MISC. No.42804 of 2026(2) dt.07-07-2026
                                                       3/3




                     P.S. Case No. 46 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C/Section 482(2) of the

                     Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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