Patna High Court
Tajman Ray @ Tejman RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail as the allegations against him are not specific and the incident appears to be a free fight.
Summary
The petitioner, Tajman Ray, was arrested in connection with a case (Turkauliya P.S. Case No. 1080 of 2022) alleging offences under Sections 341, 323, 324, 308, 379, 504 and 506 of the Indian Penal Code for assaulting an informant and his son. The petitioner contended that the incident was a "free fight" arising from a land dispute, that the specific allegation of assault on the son’s head was made only against a co‑accused, and that his alleged act of tying a gamchha around the son’s neck was not clearly established. The Additional Public Prosecutor opposed bail. The court examined the FIR and the factual submissions, noting the lack of specific allegation against the petitioner and the characterization of the event as a mutual fight where both sides were injured. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to Section 482(2) of the BNSS, pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious offences alleged in the FIR.
- Whether the alleged acts by the petitioner constitute an offence likely to cause death under Section 308 IPC.
- Whether the incident qualifies as a "free fight" that mitigates the gravity of the charges.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 308, 323, 324, 341, 379, 504, 506
Subjects
- bail
- free fight
- land dispute
- assault
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69838 of 2024
Arising Out of PS. Case No.-1080 Year-2022 Thana- TURKAULIYA District- East
Champaran
======================================================
Tajman Ray @ Tejman Rai Son of Late Chilar Ray @ Chilar Rai Resident of
Village- Jaisinghpu (Sharda Tola), Police Station- Tukrkauliya. District- East
Champaran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Singh, Advocate
Ms. Shalini Raje, Advocate
Mr. Rishup, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 04-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned Additional Public Prosecutor appearing on
behalf of the State.
2. The accused/petitioner apprehending his arrest in
connection with Turkauliya P.S. Case No. 1080 of 2022 registered
for the offences punishable under Sections 341, 323, 324, 308,
379, 504, 506 of the Indian Penal Code.
3. As per FIR, petitioner alongwith other named co-
accused persons assaulted informant and his son and others by
using lathi, gandasa etc., causing head and bodily injuries, where
alleged assault was made with attempt which may likely to cause
their death.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.69838 of 2024(4) dt.04-02-2026
2/3
behalf of the petitioner that the occurrence was free fight in
nature, which took place in the background of the land dispute. It
is submitted that for the same set of occurrence, petitioner also
lodged police case which was registered as Turkauliya P.S. Case
No. 1033 of 2022 on 24.10.2012. It is submitted that during
occurrence both parties received injuries. It is also pointed out that
allegation as assault to son of the informant on his head is not
available against this petitioner, rather same is available against
co-accused Askaran Roy, whereas this petitioner alleged alongwith
other named co-accused to drag the son of the informant during
the occurrence by tying Gamchha around his neck.
5. Arguing further, it is submitted that nature of
occurrence and the allegation qua assault as alleged to be made by
this petitioner, nowhere suggest that act of petitioner was likely to
cause death of son of the informant. It is pointed out that prior to
this occurrence, one occurrence also took place between the
parties, where the husband of the informant lodged Turkauliya
P.S. Case No. 1087 of 2022 dated 15.11.2022, which was also
free fight in nature and for the same a complaint case was lodged
by petitioner’s side which was registered before C.J.M., Motihari as
Complaint Case No. 1158/2022.
6. Learned APP opposed the prayer of bail.
Patna High Court CR. MISC. No.69838 of 2024(4) dt.04-02-2026
3/3
7. In view of aforesaid factual submissions and by
taking note of fact as allegation to assault on head of son of the
informant is not available against this petitioner coupled with the
fact that even allegation to drag by tying Gamchha is also
appearing not specific against this petitioner as per FIR, where
occurrence appears free fight in nature, where both parties
received injuries, accordingly, above named petitioner, in the
event of his arrest or surrender before the learned trial Court,
within a period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Sessions Judge-14, East
Champaran, Motihari/concerned Court, where the case is pending
in connection with Turkauliya P.S. Case No. 1080 of 2022 subject
to the conditions as laid down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…