Patna High Court
Anil YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, as the incident was a free fight with mutual injuries and no clear intention to cause death, the petitioners are entitled to bail.
Summary
The petitioners, six residents of Shekhopurwa village, were named in an FIR for multiple offences including assault, attempt to cause death and illegal possession of arms. They contended that the incident was a "free fight" in which both parties sustained injuries, and argued there was no intention to cause death, citing clean antecedents. The State opposed bail, highlighting specific allegations of grievous injury to the informant's mother. The court examined the nature of the altercation, the lack of a prima facie case for certain charges, and the petitioners' clean records. Concluding that the fight was mutual and the evidence insufficient for detention, the court ordered bail for all petitioners subject to conditions under Section 482(2) of the BNSS. The bail bond was set at Rs. 10,000 with two sureties each.
Issues considered
- Whether the facts constitute a prima facie case for the offences alleged, particularly under Section 109 of the BNS.
- Whether the petitioners are entitled to bail under Section 482(2) of the BNSS given the nature of the incident and their clean antecedent.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 117(2), 126(2), 190, 191(2), 303(2), 324(2), 329(4), 351(3), 352
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
Subjects
- bail
- free fight
- assault
- criminal procedure
- prima facie case
- clean antecedent
- Section 109
- Section 482
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41951 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai
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1. Ranjan Kumar @ Ravi Ranjan Kumar Son of Masudan Yadav. Resident of
Village- Shekhopurwa, P.S.- Ramgarh Chowk, District- Lakhisarai.
2. Sarjan Yadav Son of Masudan Yadav Resident of Village- Shekhopurwa,
P.S.- Ramgarh Chowk, District- Lakhisarai.
3. Nirmal Yadav @ Niraml Kumar So of Masudan Yadav Resident of Village-
Shekhopurwa, P.S.- Ramgarh Chowk, District- Lakhisarai.
4. Masudan Yadav Son of Rajendra Yadav Resident of Village- Shekhopurwa,
P.S.- Ramgarh Chowk, District- Lakhisarai.
5. Nago Yadav @ Nago Kumar Son of Rajendra Yadav Resident of Village-
Shekhopurwa, P.S.- Ramgarh Chowk, District- Lakhisarai.
6. Subhash Kumar Son of Pawan Yadav Resident of Village- Shekhopurwa,
P.S.- Ramgarh Chowk, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar Deo, Adv
For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP
For the Informant : Mr. Abhiyanshu Ranjan, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 02-07-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Ramgarh Chowk P.S.
Case No.65/2026 registered for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 109(1), 329(4), 324(2), 117(2),
303(2), 352 and 351(3) of the BNS and Section 27 of the Arms Act.
3. As per FIR, petitioners alleged to assault informant and
others, during the course of occurrence causing head and bodily
injuries, where alleged assault was made with an intention to cause
death, where occurrence arises due to pity issue like grazing field by
Patna High Court CR. MISC. No.41951 of 2026(3) dt.02-07-2026
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the buffaloes.
4. It is submitted by learned counsel appearing on behalf
of the petitioners that present occurrence appears free 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
petitioner’s side also received head and other bodily injuries for
which a police case has also been registered as Ramgarh Chowk P.S.
Case No. 64/2026. It is submitted that informant failed to disclose the
injury received by petitioners and others during the occurrence. It is
further submitted that during the occurrence mother of informant
namely Gaura Devi slipped on the ground and, therefore, she
received fracture injury on her thigh bone, which is non-vital part of
the body. It is submitted that assault not appears repeated against
petitioner no. 4, 6 and Pawan Yadav. It is submitted that there are
several factors required to make out a prima-facie case under Section
109 of the BNSS like, nature of weapons, manner of assault, nature
of injuries, pre and post conduct of accused during the occurrence
etc. In support of his submission learned counsel relied upon the
legal report of Hon’ble Supreme Court as available through State of
Himachal Pradesh Vs. Shamsher Singh, [2025 SCC OnLine 807].
All above named petitioners claimed clean antecedent.
5. Learned APP duly assisted by learned counsel for the
informant while opposing the prayer of bail submitted that petitioner
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no. 4 and 6 alleged specifically to assault Gaura Devi, as a result she
received grievous injury i.e., fracture of thigh bone, however he
fairly conceded that occurrence was free fight in nature, where
petitioner’s side also lodged a case as discussed aforesaid.
6. In view of aforesaid factual and legal submission and
by taking note of fact as occurrence was free fight in nature, where
both parties received injuries, coupled with the fact as petitioners
claimed clean antecedent, 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 JM
1st Class, Lakhisarai/concerned Court, where the case is pending in
connection with Ramgarh Chowk P.S. Case No.65/2026, 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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