Patna High Court
Shyamdeo Yadav @ Shyamdev YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the incident appears to be a free fight lacking intent to cause death and therefore granted bail to the petitioners.
Summary
The petitioners, Shyamdeo Yadav and his son Pintu Yadav, were named in an FIR for multiple offences arising from an alleged assault during a land dispute in Gaya district. They argued that the incident was a free fight, with injuries being simple or on non‑vital parts, and thus lacked the intention to cause death required under Section 109 of the Bihar Penal Code. The State opposed bail, contending the seriousness of the charges. The court examined the medical reports and the context of the dispute, finding that the prima facie case did not establish intent to cause death. Consequently, the court ordered that the petitioners be released on bail with a bond of Rs. 10,000 and two sureties each, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.
Issues considered
- Whether the facts disclosed in the FIR establish a prima facie case of intention to cause death under Section 109 of the Bihar Penal Code.
- Whether bail should be granted to the petitioners pending trial.
Subjects
- bail
- criminal procedure
- intent to cause death
- free fight
- land dispute
- assault
- Section 109
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79139 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- WAJIRGANJ District- Gaya
======================================================
1. Shyamdeo Yadav @ Shyamdev Yadav S/O Deoki Yadav @ Dewki Yadav
Resident of village - Yamunapur, P.S- Wazirganj, Dist.- Gaya
2. Pintu Yadav S/O Shyamdeo Yadav @ Shyamdev Yadav Resident of village -
Yamunapur, P.S- Wazirganj, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 24-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R.
and apprehending their arrest in connection with
Wazirganj P.S. Case No. 187 of 2025 registered for
the offences punishable under Sections 191(2),
191(3), 190, 126, 115(2), 109, 303(2), 352, 74,
118(1) and 351(2) of BNS.
3. As per FIR, petitioners and other co-
accused persons assaulted informant and others
by using lathi, rod, sword etc. causing head and
bodily injuries, where alleged assault was made
with an intention to cause death. Occurrence
Patna High Court CR. MISC. No.79139 of 2025(4) dt.24-02-2026
2/4
alleged to be taken place in the background of land
dispute and previous enmities.
4. It is submitted by learned counsel
appearing on behalf of the petitioners that prior to
lodging this FIR, petitioner’s side lodged a police
case against informant which was registered as
Wazirganj P.S. Case No. 186 of 2025 by the wife of
petitioner no. 1 namely, Kanti Devi. It is submitted
that the occurrence appears free fight in nature
which took place in the background of land
dispute, where both parties received injuries and,
therefore, it can be safely said that petitioners
were not under intention to cause death. In this
context it is submitted that petitioner no. 1 alleged
to assault Mina Devi and Monu Kumar, whereas
petitioner no. 2 alleged to assault Priyaranjan. It is
submitted that injury of Monu Kumar and
Priyaranjan upon medical examination found
simple in nature, whereas the injury report of Mina
Devi is still awaited, but upon perusal of injury
report, it appears on the non vital part i.e. upon
her wrist suggesting prima-facie that same may
Patna High Court CR. MISC. No.79139 of 2025(4) dt.24-02-2026
3/4
not likely to cause death, and therefore, these
injuries further negate intention to cause death as
to make out a prima-facie case within the meaning
of Section 109 of BNS. Petitioners claimed clean
antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission
and by taking note of fact as occurrence prima-
facie appears free fight in nature in background of
land dispute where injury as alleged to inflicted by
petitioners during occurrence upon medical
examination either found simple or upon non vital
part of the body 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 JM
1st Class, Gaya Jee /concerned Court, where the
case is pending in connection with Wazirganj P.S.
Patna High Court CR. MISC. No.79139 of 2025(4) dt.24-02-2026
4/4
Case No. 187 of 2025, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.