Regular bail application for a petitioner named in the FIR facing charges under Sections 341, 323, 324, 307, 379, 504 and 34 IPC arising from an assault during a land-dispute occurrence described as a free fight. Counsel relied on Jage Ram v. State of Haryana on the ingredients of Section 307.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62601 of 2024
Arising Out of PS. Case No.-297 Year-2022 Thana- CHAKIA District- East Champaran
======================================================
Prem Sah @ Prem Shankar Kumar @ Premshankar Kumar S/o- Ram Sharan Sah R/O- Dhobauliya, P.S- Chakia, DIstrict- East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
2 04-09-2024 Heard the parties.
Chakia P.S. Case No. 297 of 2022 registered for the offence under Sections 341, 323, 324, 307, 379, 504 and 34 of the I.P.C.
of iron rod and farsa etc. on the head of the informant
causing bodily injury which is likely to cause death,
where occurrence is arising out of land dispute.
Patna High Court CR. MISC. No.62601 of 2024(2) dt.04-09-2024 2/4
that petitioner falsely implicated with present case due
to land dispute. It is submitted that occurrence was free fight in nature where petitioner side had also received injuries and as it was free fight it can be said safely that there was no intention to cause death on the part of the petitioner. It is submitted that for the same set of occurrence petitioner side also lodged a case which was registered as Chakia P.S. Case No. 298 of 2022. The allegation against the petitioner is to assault on the head of the informant/injured, but same was not repeated without having any intervening circumstances and therefore, it can be also said safely that the petitioner was not under intention to cause death. While traveling over the argument it was submitted by learned counsel
that only nature of injury is not the sole criteria to make out a case under Section 307 of the IPC rather several factors as nature of injuries, weapons as alleged to be used, the manner of assault etc. is to be taken into
Patna High Court CR. MISC. No.62601 of 2024(2) dt.04-09-2024 3/4
consideration to make out a prima-facie case by suggesting “intention to cause death” which is the prime legal ingredient as to establish a prime-facie case under Section 307 of the IPC. In support of his submission learned counsel relied upon the legal report of Hon’ble Apex court as available through Jage Ram vs. State of Haryana as reported in 2015(11) SCC 366 . While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed,as such, there is no chance of tampering with the evidence.
submissions and by also taking note of the fact as the alleged occurrence was free fight in nature, coupled with
the fact that investigation of this case is completed where petitioner is in custody since 21.05.2024, accordingly, petitioner above named, is directed to be released on bail in connection with Chakia P.S. Case No.
Patna High Court CR. MISC. No.62601 of 2024(2) dt.04-09-2024 4/4
297 of 2022 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran at Motihari/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
2 issues framed by the court
Should the petitioner be granted bail in Chakia P.S. Case No. 297 of 2022 for offences including attempt to murder?
Whether the injury inflicted supports a prima facie case under Section 307 IPC given the free-fight nature of the occurrence?
Colour shows how this judgement treated each authority
Jage Ram vs. State of HaryanaRelied on¶5
2015(11) SCC 366 · Who else cites this
4 provisions across 3 enactments
Prem Sah @ Prem Shankar Kumar @ Premshankar Kumar
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
