Patna High Court
SURENDRA SAH @ SUREN SAHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the incident prima facie appears to be a free fight, negating any intention to cause death, and therefore granted bail to the petitioners.
Summary
The petitioners, Surendra Sah and Binod Sah, were named in an FIR for multiple offences arising from a land dispute, including assault and attempted murder. They argued that the incident was a free fight, with both sides sustaining injuries, and that the injury to the informant's father was caused by a simple iron rod, indicating no intention to cause death. The prosecution conceded that the facts prima facie suggested a free fight. The court examined the nature of the injuries and the lack of evident intent to kill, and applied Section 482(2) of the BNSS. Consequently, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties each, subject to conditions. The bail order was directed to be implemented by the Additional District and Sessions Judge, Madhepura.
Issues considered
- Whether the alleged offences arising from the land dispute constitute a serious offence warranting denial of bail
- Whether the incident can be characterized as a free fight, thereby negating the intention to cause death
- Whether Section 482(2) of the BNSS is applicable for granting bail in the present case
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 341, 354A, 379, 447, 504, 506
Subjects
- bail
- free fight
- intention to cause death
- IPC offences
- Criminal Procedure Code
- Section 482(2)
- land dispute
- Madhepura
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56210 of 2024
Arising Out of PS. Case No.-223 Year-2023 Thana- MURLIGANJ District- Madhepura
======================================================
1. Surendra Sah @ Suren Sah Son Of Laxman Sah Resident Of Village - Pratap
Nagar, Rajani Ward No. 02, P.S. - Murliganj, District - Madhepura (Bihar)
2. Binod Sah Son Of Laxman Sah Resident Of Village - Pratap Nagar, Rajani
Ward No. 02, P.S. - Murliganj, District - Madhepura (Bihar)
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Ajay Sah Son Of Prakash Sah Resident Of Village - Pratap Nagar Rajani,
Ward No. 02, P.S. - Murliganj, District - Madhepura (Bihar)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 02-02-2026 Heard the parties.
2.The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Murliganj
P.S. Case No. 223 of 2023 registered for the offences
punishable under Sections 341, 323, 324, 379, 307,
354A, 447, 504 and 506 IPC.
3. The allegation against petitioners is to assault
informant and others alongwith co-accused persons /
family members with intention to cause their death,
where occurrence is alleged to be arising out of land
Patna High Court CR. MISC. No.56210 of 2024(3) dt.02-02-2026
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dispute.
4. It is submitted by learned counsel appearing
on behalf of the petitioners that occurrence was free fight
in nature for which petitioners side also lodged a case
which was registered as Murliganj P.S. Case No. 224 of
2023. It is submitted that both parties received injuries
during the occurrence and the injury as alleged to be
caused by these petitioners on the head of the father of
the informant by using iron rod found simple in nature
which suggest prima-facie that the petitioners were not
under intention to cause death. While concluding
arguments, it is submitted that petitioners claimed clean
antecedent.
5. Learned APP while opposing the prayer of bail
submitted that petitioners specifically alleged to be hit on
the head of the father of informant by using iron rod,
however, he conceded fairly that occurrence prima-facie
appears free fight in nature.
6. In view of aforesaid factual submission and
Patna High Court CR. MISC. No.56210 of 2024(3) dt.02-02-2026
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by taking note of fact as prima-facie occurrence is free
fight in nature where injury as alleged to be caused by
petitioners upon father of the informant appears simple in
nature prima-facie negating intention to cause death,
accordingly both 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 Addl. District and
Session Judge 1st cum Special Judge, Madhepura
/concerned Court, where the case is pending in
connection with Murliganj P.S. Case No. 223 of 2023,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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