Patna High Court
Priya KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to all petitioners, finding that the FIR did not specifically implicate them and that the incident was a free‑fight with simple injuries, thus not establishing intent to cause death.
Summary
The petitioners – Priya Kumari, Ladai Devi and Ashok Sahu – were named in an FIR (Case No. 361/2025) for alleged assault with a lathi, rod, spade etc., purportedly with intent to cause death, arising from a dispute over grass cutting. The petitioners contended that the incident was a mutual free‑fight in which both sides sustained injuries, that the alleged intent to cause death was absent, and that the FIR specifically implicated only Raj Kumar Sahu, not them. They also pointed out that a separate case (Case No. 366/2025) had been lodged by their side on the same facts. The State opposed bail, arguing the seriousness of the offences listed under the Bihar Negotiable Statutes. The Court, after examining the factual submissions and noting the simple, non‑repeated nature of the injuries, held that the allegations did not specifically target the petitioners and that the incident appeared to be a free‑fight, thereby granting bail to all three petitioners subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners can be granted bail despite the FIR alleging assault with intent to cause death.
- Whether the nature of the injuries and the characterization of the incident as a free‑fight negate the intention to cause death required for the offences.
- Whether the FIR specifically implicates the petitioners or only other individuals.
Legislation cited
- Bihar Negotiable Statutes — s. 109, 115, 126, 3, 303, 351, 352
Subjects
- bail
- assault
- intent to cause death
- FIR
- Section 482
- criminal procedure
- mutual fight
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42875 of 2026
Arising Out of PS. Case No.-361 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
1. Priya Kumari D/O Raj Kumar Sahu Resident of Village- Mansara, P.S-
Ghanshyampur, District- Darbhanga, Bihar.
2. Ladai Devi @ Leela Devi W/O Raj Kumar Sahu Resident of Village-
Mansara, P.S-Ghanshyampur, District- Darbhanga, Bihar.
3. Ashok Sahu S/O Tetar Sahu Resident of Village- Mansara, P.S-
Ghanshyampur, District- Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Singh
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Ghanshyampur P.S.
Case No. 361/2025 registered for the offences punishable under
Sections 115(2), 126(2), 109, 303(2), 351(2), 352 and 3(5) of
the BNS.
3. As per FIR, petitioners alleged to assault informant
by means of lathi, rod, spade etc., causing head and bodily
injuries, where assault was made with an intention to cause
death. It is alleged that occurrence took place in the background
of grass cutting issue.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that present occurrence appears free
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fight in nature, where both parties received injuries, therefore, it
cannot be said that petitioners were under intention to cause
death of the injured informant and other injured persons. It is
also submitted that for the same set of occurrence petitioner’s
side also lodged a case, which has been registered as
Ghanshyampur P.S. Case No. 366/2025. It is submitted that as
per FIR allegation to assault by means of spade is specifically
available against Raj Kumar Sahu, who is not the petitioner in
the present case. It is further submitted the petitioner no. 2
implicated with the present case being wife of Raj Kumar Sahu,
who alleged to supply spade during the course of occurrence. It
is submitted that nature of injury as inflicted by injured
informant found simple in nature, which further negates
intention to cause death. It is also pointed out that allegation of
physical assault is not available against petitioner no(s). 1 and 3.
Petitioners claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie occurrence was free fight in
nature, where both parties received injuries and allegation of
assault is not specific against these petitioners and moreover
nature of injury upon medical examination found simple and
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non-repeated, accordingly all above-named petitioners, in the
event of their 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)
each with two sureties of the like amount each to the satisfaction
of the learned JMFC, Biraul, Darbhanga/concerned Court,
where the case is pending in connection with Ghanshyampur
P.S. Case No. 361/2025, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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