Patna High Court
SAHIL KUMARversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that, given the free‑fight nature of the incident and lack of clear intent to cause death, the petitioner is entitled to anticipatory bail.
Summary
The petitioner, Sahil Kumar, was named in an FIR for offences under several IPC sections arising from an alleged assault on an informant during a canal‑cleaning activity. The petitioner sought anticipatory bail, arguing that the incident was a mutual free‑fight in which both parties sustained injuries, and that there was no intention to cause death. The State opposed the bail, contending that the petitioner used an iron rod to inflict a grievous injury on the informant's nose, thereby establishing a prima facie case under Section 307 IPC. The Court examined the nature of the fight, the single‑point injury, and relevant Supreme Court precedent, concluding that the facts did not demonstrate a clear intent to cause death. Consequently, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bond and sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Issues considered
- Whether the facts constitute a prima facie case under Section 307 IPC warranting denial of anticipatory bail
- Whether the incident qualifies as a free‑fight negating the requisite intention for offences involving grievous injury or attempt to murder
- Whether anticipatory bail can be granted under Section 438(2) CrPC and Section 482(2) B.N.S.S. in the present circumstances
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 149, 307, 323, 324, 379, 385, 504, 506
Subjects
- anticipatory bail
- free fight
- grievous injury
- Section 307 IPC
- intent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54196 of 2023
Arising Out of PS. Case No.-27 Year-2023 Thana- AMNAUR District- Saran
======================================================
Sahil Kumar Son Of Kamlendra Singh Resident Of Village- Vishunpura
Prtap, Sonaha, Bhatha, P.S.- Amnour, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Yogesh Kumar, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
Mr.Ravi Prakash, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 27-01-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Amnour P.S. Case
No. 27 of 2023 registered for the offences punishable under
Sections 147, 149, 323, 324, 379, 385, 307, 504, 506 of
the Indian Penal Code.
3. As per FIR, petitioner alongwith other co-accused
persons assaulted the informant and others causing head and
bodily injury. The alleged occurrence took place while cleaning
of local canal (Payeen). The cleaning work was allotted by
gram panchayat.
Patna High Court CR. MISC. No.54196 of 2023(4) dt.27-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submitted that the occurrence was free-fight in
nature and, therefore, it can be safely arrived at the
conclusion that petitioner was not under intention to cause
death of the informant. It is submitted that both parties have
received injuries during the alleged occurrence and in support
of same, learned counsel appearing for the petitioner drawn
attention of this Court towards Annexure ‘P/5’, which is the
injury report of Kamlendra Singh, who is father of this
petitioner. It is submitted that for the same set of occurrence,
petitioner had also registered FIR as Amnour P.S. Case No.
29/2023.
5. Arguing further, it is submitted that during course
of occurrence the informant received injury on his nose. The
injury, as alleged, was single without having any intervening
circumstance, which further negate the intention to cause
death.
6. In this connection, it is further submitted that
though upon medical examination, the nasal bone of injured
was found fractured and, therefore, the opinion was given as
Patna High Court CR. MISC. No.54196 of 2023(4) dt.27-01-2026
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“grievous injury”, but merely on that score, it cannot be said
that a prima facie case under section 307 of the I.P.C.
appears convincing against the petitioner as there are several
factors required to be taken into consideration to constitute a
prima facie case under section 307 of the I.P.C. as the nature
of weapon, the body part where the injury alleged said to be
inflicted, the nature of occurrence, pre and post conduct of
the accused persons etc. In support of his submission, learned
counsel relied upon the legal report of Hon’ble Supreme Court
as available through Jage Ram and Others Vs. State of
Haryana reported in (2015) 11 SCC 366. Petitioner
claimed clean antecedent.
7. Learned A.P.P. for the State duly assisted by
learned counsel appearing for the informant, while opposing
the prayer for anticipatory bail of the petitioner, submitted
that allegation against the petitioner is to cause grievous
injury on nose of the informant by using iron rod.
8. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie occurrence is of free-
fight in nature where both parties received injury, coupled
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with the fact that injury, as alleged, was found single in
nature without having any intervening circumstance,
accordingly, above-named petitioner, 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.-
IX, Saran/concerned court in connection with Amnour P.S.
Case No. 27 of 2023, 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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