Patna High Court
Nagmatiya Devi @ Nagwanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to all petitioners on the ground that the incident was a free fight and the police investigation had resulted in a closure report indicating no intention to cause death.
Summary
The petitioners, four residents of Devdhari Bigha, were named in an FIR for offences under Sections 307, 323, 504, 147, 148, 149, 324 and 325 of the IPC arising from a land‑dispute related altercation. They contended that the incident was a "free fight" in which both sides sustained injuries, and that the police investigation resulted in a closure report indicating no intention to cause death. Despite the closure report, the jurisdictional magistrate took cognizance of the case without assigning reasons, and the petitioners were not served with a summons. The petitioners applied for bail, arguing clean antecedents and that the injuries were not sufficient to constitute an intention to cause death. The learned Assistant Public Prosecutor opposed bail. The court, noting the free‑fight nature and the police’s closure report, directed that the petitioners be released on bail of Rs.10,000 each with two sureties, subject to Section 438(2) of the CrPC.
Issues considered
- Whether the incident constitutes a "free fight" exempting the accused from liability under the charged IPC sections
- Whether the police closure report negates the magistrate's cognizance and justifies bail
- Whether bail should be granted under Section 438(2) of the CrPC in view of the alleged lack of intention to cause death
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 325, 504
Subjects
- bail
- free fight
- IPC offences
- intention to cause death
- closure report
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44026 of 2026
Arising Out of PS. Case No.-127 Year-2022 Thana- DEV District- Aurangabad
======================================================
1. Nagmatiya Devi @ Nagwanti Devi W/O Ashok Yadav R/O Village -
Devdhari Bigha, P.S- Deo, District - Aurangabad (Bihar)
2. Sunita Devi W/O Kishore Yadav R/O Village - Devdhari Bigha, P.S- Deo,
District - Aurangabad (Bihar)
3. Ravi Kumar @ Chhotu Kumar S/O Kishore Yadav R/O Village- Devdhari
Bigha, P.S- Deo, District - Aurangabad (Bihar)
4. Lalan Kumar S/O Ashok Yadav R/O Village - Devdhari Bigha, P.S- Deo,
District - Aurangabad (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Singh
For the Opposite Party/s : Mr.Pushpa Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard the parties.
2. The accused/petitioners are named in the F.I.R. and
apprehending their arrest in connection with Deo P.S. Case No.
127/2022 registered for the offences punishable under Sections 307,
323, 504, 147, 148, 149, 324 and 325 of the Indian Penal Code (in
short ‘I.P.C.’).
3. The allegation against these petitioners is to assault
informant and others by means of sword, lathi, rod, etc. causing
thereby head and bodily injuries, having intention to cause their
death, where occurrence arises out of land disputes.
4. Learned counsel appearing on behalf of the petitioners
submitted that occurrence is free fight in nature, where both parties
received injuries and for the same set of occurrence a case was
lodged by petitioners’ side, which has been registered as Deo P.S.
Case No. 128 of 2022. It is submitted that injury, as alleged to be
caused by these petitioners, appears simple as per injury report,
Patna High Court CR. MISC. No.44026 of 2026(2) dt.03-07-2026
2/2
suggesting that same are not sufficient to cause death in ordinary
course of nature, negating thereby “intention to cause death”. It is
submitted by learned counsel that after investigation police submitted
final form against petitioners, but learned Jurisdictional Magistrate
taking different note, without assigning any reason took cognizance
against above named petitioners vide order dated 23.09.2025. The
petitioners claimed to know about the proceedings only after issuance
of NBW, as summon was not served upon them. Petitioners claimed
clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submission and by taking
note of fact as occurrence was free fight in nature, where police after
investigation submitted closure report against petitioners, accordingly
all above named four 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 CJM, Aurangabad/concerned
Court, where the case is pending in connection with Deo P.S. Case
No. 127/2022, subject to the conditions as laid down under Section
438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.