Patna High Court
Md. IsmailversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a Rs.10,000 bond, two sureties of equal amount, and a condition to verify the seller’s legitimacy before purchasing trees.
Summary
The petitioner, Md. Ismail, was arrested on 2 January 2026 for allegedly purchasing trees that had been cut without permission from the Forest Department, violating sections 303(2), 317(3) and 324(5) of the B.N.S., 2023 and section 33(1)(a) of the Indian Forest Act. He applied for bail before the Patna High Court, arguing that the nature of the allegation and his period of custody warranted release. The Court examined the seriousness of the offences and the fact that the petitioner had been in custody for over three months. It granted bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, and imposed a condition that he verify the seller’s bona‑fide status and the legality of the tree cutting before any further purchase. The Court expressly stated that it made no determination on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under sections 303(2), 317(3), 324(5) of the B.N.S., 2023 and section 33(1)(a) of the Indian Forest Act, considering the nature of the allegations and the period of custody.
Legislation cited
- B.N.S., 2023 — s. 303(2), 317(3), 324(5)
- Indian Forest Act — s. 33(1)(a)
Subjects
- bail
- forest law
- illegal timber
- Indian Forest Act
- B.N.S. 2023
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21712 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
Md. Ismail Son of Md. Faiyaj R/o Village - Gaffur Tola, Pakrail Panchayat,
P.S. - Maheshkhunt, Dist. - Khagaria.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rakesh Mohan Singh, Advocate
For the Opposite Party : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Maheshkhunt P.S. Case No.01 of 2026 registered for the offence
under sections 303(2)/317(3)/324(5) of the B.N.S., 2023 and
under section 33(1)(a) of the Indian Forest Act.
3. The petitioner is accused of purchasing trees,
which were cut without taking permission from the Forest
Department. There has been recovery of trees from the
petitioner.
4. The petitioner is in custody since
02.01.2026.
5. Considering the nature of allegation and the
period of custody of the petitioner, this bail application is
allowed.
Patna High Court CR. MISC. No.21712 of 2026(2) dt.07-04-2026
2/2
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Khagaria / concerned Court
below, in connection with Maheshkhunt P.S. Case No.01 of
2026, subject to the condition that before purchasing the trees he
will verify the bona fide of the seller and whether the trees have
been cut after taking permission from the Forest Department. In
case, the petitioner violates the aforesaid conditions, his bail
bonds shall be cancelled by the Court below.
7. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.