Patna High Court
Jivan Yadav @ Jivan Kumar @ JivanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5)
- Criminal Procedure Code — s. 438(2)
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
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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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