Patna High Court
Baijnath Das @ Baidyanath DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 109, 115(2), 118(1), 126(2), 308(3), 3(5), 352
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.
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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
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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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