Patna High Court
Santosh Yadav @ Santosh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations amount to a free‑fight lacking intention to cause death, and therefore bail was warranted.
Summary
Santosh Yadav was arrested in connection with Dinara Police Station Case No.146 of 2024 for alleged assault using a lathi, alleged to be with intent to cause death, under IPC sections 147, 149, 341, 323, 307, 504, 506 and Section 27 of the Arms Act. He applied for bail, arguing that the incident was a mutual free‑fight, that there was no intention to cause death, and that a separate case against him had already proceeded to charge‑sheet filing, removing any risk of evidence tampering. The State opposed bail. The court examined the nature of the assault, the weapons used, and the lack of repeated assault, and accepted the argument that the case did not prima facie establish an intention to kill. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS. The petition for bail was therefore disposed in the petitioner’s favour.
Issues considered
- Whether the facts alleged constitute a prima facie case of attempt to murder under Section 307 IPC justifying denial of bail
- Whether the incident can be characterized as a free‑fight, thereby negating the requisite intention to cause death
- Whether the existence of another criminal case with a charge‑sheet filed impacts the risk of evidence tampering and bail eligibility
- Whether the conditions prescribed under Section 437(3) Cr.P.C. and Section 480(3) BNSS are satisfied for grant of bail
Legislation cited
- Arms Act — s. 27
- BNSS — s. 480(3)
- Cr.P.C. — s. 437(3)
- Indian Penal Code — s. 147, 149, 307, 323, 341, 504, 506
Subjects
- bail
- assault
- attempted murder
- free fight
- intention to cause death
- Arms Act
- Criminal Procedure Code
- IPC sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72902 of 2025
Arising Out of PS. Case No.-146 Year-2024 Thana- DINARA District- Rohtas
======================================================
Santosh Yadav @ Santosh Kumar Yadav S/O Shiv Pariksha Yadav Village -
Bhanas, P.s.- Dinara, District - Rohtas, Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Dinara P.S. Case No. 146 of 2024 registered for the offence
under Sections 147, 149, 341, 323, 307, 504, 506 of the
I.P.C. and Section 27 of Arms Act.
3. The petitioner is named in the F.I.R. and is in
custody since 04.03.2025.
4. The allegation against the petitioner is to assault
informant and others during course of occurrence causing
head and bodily injuries, with an intention to cause their
death. It is alleged that the assault was made by using lathi ,
rod, etc., where occurrence alleged to be arising out of local
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dispute and differences.
5. Learned counsel appearing on behalf of the
petitioner submitted that the occurrence as alleged is free
fight in nature where both parties received injuries. It can be
safely gathered that the petitioner was not under intention to
cause death. It is submitted that regarding same occurrence,
police case was also lodged by petitioner’s side, registered as
Dinara P.S. Case No. 147 of 2024. It is pointed out that the
allegation against petitioner is available to assault with lathi
on nose which was not repeated. It is submitted that to make
out a prima-facie case under Section 307 of IPC, several
factors are required to be taken into considerations like nature
of weapons, manner of assault, the body part where alleged
assault was made and further the pre and post conduct of the
accused person etc., In this context attention was drawn
towards legal report available through State of Himachal
Pradesh vs. Shamsher Singh reported in 2025 INSC
503. While concluding the argument, it is submitted that
petitioner found involved in one more criminal case where he
is on bail and moreover, investigation of this case is
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completed, for which charge-sheet has been submitted, as
such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission and by
taking note of fact as occurrence appears prima-facie free
fight in nature where both parties received injury, coupled
with fact the allegation qua assault not appears repeated
negating prima-facie intention to cause death, accordingly
petitioner above named, is directed to be released on bail in
connection with Dinara P.S. Case No. 146 of 2024 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned ACJM, Rohtas at Sasaram /concerned court, subject
to the conditions as mentioned under Section 437(3) of the
Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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