Patna High Court
Sajjan Kumar @ Sajjan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of any visible neck injury and with medical evidence indicating only simple injuries on non‑vital parts, the court found no prima facie intention to cause death and granted bail.
Summary
The petitioner, Sajjan Kumar, was named in an FIR for assaulting an informant with a lathi and allegedly dragging her by a rope around the neck, invoking multiple IPC offences. He contended that the incident was a "free fight" arising from a land dispute, that he had previously filed a case against the informant, and that the alleged neck injury was unsubstantiated, with medical evidence showing only simple injuries on non‑vital parts. The State opposed bail, citing the seriousness of the charges. The court examined the medical report, found no visible neck injury and no prima facie intention to cause death, and therefore concluded that the prosecution had not established the essential element for the more serious offences. Consequently, the court ordered the petitioner’s release on bail, subject to a bond and sureties, under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the facts alleged constitute an offence requiring intent to cause death under the relevant IPC sections.
- Whether the petitioner is entitled to bail in view of the lack of prima facie evidence of intent to cause death.
- Whether the medical evidence negates the charge of attempted murder/culpable homicide.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- IPC
- assault
- attempted murder
- land dispute
- medical evidence
- prima facie
- Section 438
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65161 of 2024
Arising Out of PS. Case No.-181 Year-2022 Thana- LAUKAHA District- Madhubani
======================================================
Sajjan Kumar @ Sajjan Yadav Son of Amar Yadav Resident of Village-
Sahorva, P.S.- Laukaha, Dist.- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Ramchandra Jha Raman, Advocate
For the Opposite Party : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Laukaha P.S. Case
No. 181 of 2022 registered for the offences punishable under
Sections 341, 323, 324, 307, 354, 379, 504, 506, 34 of the
Indian Penal Code.
3. As per FIR, named co-accused persons including
this petitioner assaulted the informant by means of lathi &
rod. It is further alleged that this petitioner with co-accused
Bansilal Yadav dragged the informant of this case by putting
rope around her neck.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.65161 of 2024(4) dt.22-01-2026
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petitioner submitted that occurrence was free fight in nature
in the background of land dispute, where both parties
received injuries and for the same set of occurrence, prior to
lodging of this case, petitioner had lodged a case against the
informant and others which was registered as Laukaha P.S.
Case No. 182 of 2022. Subsequent to which, as to counter
the allegation, the present case was lodged by the informant.
5. It is submitted that allegation as raised against
petitioner to drag the informant by putting rope around her
neck is just to aggravate the allegation and no such injury was
noticed around her neck upon her medical examination and,
moreover, her injury was found simple caused by hard and
blunt substance, mostly on non-vital part of the body.
6. Explaining criminal antecedent of the petitioner, it is
submitted that petitioner found involved in two more criminal
cases of similar nature, which was lodged due to land dispute
by other co-villagers, where he is on bail.
7. Learned A.P.P. for the State is present.
8. In view of the aforesaid factual submissions and by
taking note of the fact as no visible injury was found around
Patna High Court CR. MISC. No.65161 of 2024(4) dt.22-01-2026
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the neck of informant and, moreover, injury, upon medical
examination of informant, appears simple in nature and are
on non-vital parts of the body negating prima facie intention
to cause death, 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 S.D.J.M., Jhanjharpur, Madhubani/concerned court in
connection with Laukaha P.S. Case No. 181 of 2022, 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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