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Patna High Court

Md. Isha @ Md. EshaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                      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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