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Patna High Court

Baijnath Das @ Baidyanath DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to bond and conditions, finding the circumstances justified release.

Summary

Baijnath Das was arrested in connection with a land‑dispute related assault alleged under Sections 126(2), 115(2), 118(1), 109, 308(3), 352 and 3(5) of the Indian Penal Code. He has been in custody since 17‑Nov‑2025 and sought bail, contending that the incident was a "free fight" in which both parties sustained injuries and that his side also lodged a criminal case against the informant. The petitioner’s counsel argued that mere injury does not satisfy the criteria for a Section 307 offence, citing factors such as the weapon used, nature of injury, and conduct of the accused, and relied on State of Himachal Pradesh v. Shamsher Singh (2025 INSC 503). The State opposed bail, emphasizing the grievous injuries suffered by the informant. The Court noted the free‑fight character, the reciprocal injuries, the filing of a charge‑sheet, and the completed investigation, and consequently ordered the petitioner’s release on bail. Bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS. The petition for bail was therefore disposed in favour of the petitioner.

Issues considered

  • Whether bail should be granted in a case involving alleged assault with intent to cause death arising from a land dispute
  • Whether the characterization of the incident as a "free fight" negates the seriousness required for denial of bail

Legislation cited

Subjects

  • bail
  • assault
  • land dispute
  • free fight
  • Indian Penal Code
  • Criminal Procedure Code
  • grievous injury
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89229 of 2025
                   Arising Out of PS. Case No.-117 Year-2024 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Baijnath Das @ Baidyanath Das son of Late Adhni Das @ Adheen Das
                 Resident of Village- Dadhiya, Ps- Chakmehasi, Dist- Samastipur
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Piyush Kumar Pandey
                 For the Opposite Party/s :       Mr. Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. The petitioner seeks bail in connection with

                   Chakmehsi P.S. Case No. 117 of 2024 registered for the

                   offence under Sections 126(2), 115(2), 118(1), 109, 308(3),

                   352 and 3(5) of the I.P.C.

                                3. The petitioner is named in the F.I.R. and is in

                   custody since 17.11.2025.

                                4. The allegation against the petitioner is to assault

                   informant and others causing head and bodily injuries by

                   using daab, lathi etc. Alleged assault was made with an

                   intention to cause death of informant and other injured

                   persons, where occurrence alleged to be arising out of land

                   dispute.
Patna High Court CR. MISC. No.89229 of 2025(3) dt.11-02-2026
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                       5. Learned counsel appearing on behalf of the

          petitioner submitted that occurrence was free fight in nature,

          where both parties received injuries and for the same set of

          occurrence petitioner’s side also lodged a criminal case

          against informant side. It is submitted that only injury is not

          the criteria to make out a case under Section 307 of the IPC

          rather there are several other factors which must be taken

          into consideration like nature of weapon, body part where

          alleged assault was made, nature of injury, pre and post

          conduct of accused persons etc. In support of his submission

          learned counsel relied upon the legal report of Hon’ble

          Supreme Court as available through State of Himachal

          Pradesh Vs. Shamsher Singh, [2025 INSC 503]. While

          concluding the argument, it is submitted that petitioner is a

          man of clean antecedent and moreover, investigation of this

          case is completed, for which charge-sheet has been

          submitted, as such, there is no chance of tampering with the

          evidence.

                       6. Learned APP while opposing the prayer of bail

          submitted that informant received grievous injuries during the
               Patna High Court CR. MISC. No.89229 of 2025(3) dt.11-02-2026
                                                           3/3




                         occurrence.

                                      7. In view of aforesaid factual submission and by

                         taking note of fact as alleged occurrence was free fight in

                         nature in the background of land dispute, where petitioner’s

                         side also received injury and lodged a separate case, coupled

                         with fact as investigation of this case already completed

                         where petitioner remains in custody since 17.11.2025,

                         accordingly petitioner above named, is directed to be released

                         on bail in connection with Chakmehsi P.S. Case No. 117 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 CJM, Samastipur/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.)
S.Tripathi/-

U       T


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