Patna High Court
Md. Isha @ Md. EshaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Md. Isha, was arrested on 12 January 2026 in connection with a land‑dispute incident where he allegedly assaulted an informant and stabbed the informant's son, as alleged in FIR dated 29 January 2025. The charges include offences under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS, 2023. The petitioner pleaded that he has no prior criminal record, the incident arose from a petty dispute, and the parties have since reached a compromise, filing a petition in the lower court. The prosecution opposed bail, citing the seriousness of the injuries. The High Court, after considering the clean antecedent, the compromise, and the lack of intent to kill, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused despite the serious nature of the offences alleged under the BNS, 2023.
- Whether the existence of a compromise between the parties and the petitioner's clean antecedent justify bail.
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- compromise
- assault
- stabbing
- land dispute
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20339 of 2026
Arising Out of PS. Case No.-31 Year-2025 Thana- AMAUR District- Purnia
======================================================
Md. Isha @ Md. Esha S/O Md. Akhtar @ Chulahi @ Akhatar Resident of
Village- Soharaiya, P.S.-Amour, District- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Fazle Karim, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Md. Fazle Karim, learned counsel for the
petitioner and Mr. Prem Kumar Jha, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.01.2026 in connection with Amour P.S. Case No. 31 of 2025,
F.I.R. dated 29.01.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons have brutally assaulted the informant
and his son over a land dispute. It is further alleged that this
petitioner had stabbed knife upon the informant's son due to
which he received injury.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.20339 of 2026(2) dt.30-03-2026
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implicated in the present case. It appears from the FIR that due
to some petty dispute the present occurrence has taken place.
Although there is specific allegation against the petitioner that
he has stabbed knife upon the stomach of the informant's son
over a land dispute between the parties due to which he has
received injury which is dangerous to life. He further submits
that after the occurrence the parties have enter into compromise
and filed a petition before the learned Court below (Annexure-
2). The petitioner is in custody since 12.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, both the parties have
enter into compromise, there is no intention to kill anyone and
on the spur of moment the present occurrence has taken place,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Purnea in connection with Amour P.S. Case
No. 31 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.20339 of 2026(2) dt.30-03-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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