Patna High Court
Md. Isa @ Md. Ishak Mansuri @ Md. Isak MansuriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing surrender within four weeks and imposing a bail bond with sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioner, Md. Isa, was named in an FIR for allegedly assaulting an informant on the head with the butt of a gun, alleged to be part of a neighbourhood dispute. The FIR, registered eight days after the incident, charged him under several sections of the Bhartiya Nyay Sanhita, 2023, including offences relating to assault and attempt to cause death. The petitioner sought anticipatory bail, arguing that he had no intention to cause death as he did not fire the weapon and that the delay in filing the FIR was unexplained. The State opposed bail, contending that the assault on a vital part could be fatal. The court, after examining the submissions, held that prima facie there was no allegation of firing and thus no clear intention to cause death, and consequently granted anticipatory bail subject to a bond, sureties, and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged assault.
- Whether the facts alleged in the FIR disclose an intention to cause death sufficient to deny bail.
- Whether the delay in lodging the FIR affects the grant of bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault with firearm
- intention to cause death
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- Section 438
- Section 482
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27228 of 2026
Arising Out of PS. Case No.-106 Year-2025 Thana- NADI District- Supaul
======================================================
Md. Isa @ Md. Ishak Mansuri @ Md. Isak Mansuri S/o Md. Faturi Resident
of Village-Belhi, Ward No-07, P.S- Supaul Nadi Thana, District- Supaul,
State- Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Kuldeep Kumar, Advocate
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Supaul Nadi Thana
P.S. Case No. 106 of 2025 registered for the offences punishable
under Sections 115(2), 126(2), 117(2), 109, 303(2), 351(2),
351(3), 352, 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,
the ‘B.N.S.’).
3. As per FIR, during course of occurrence, petitioner
alleged to assault the informant on his head by butt of the gun. It
is alleged that assault was said to be caused by other persons
also, where injuries were inflicted with intention to cause death
of the informant.
4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.27228 of 2026(2) dt.29-04-2026
2/3
submitted that present occurrence took place due to
neighbourhood dispute and differences. It is submitted that if the
petitioner had intention to cause death, then, he had all occasion
to open fire upon the informant having fire-arms in his hand, but
he assaulted the informant by using butt of the gun which
strongly negate his intention to cause death. It is further
submitted by learned counsel that this FIR was lodged with an
unexplained delay of eight days. While concluding argument,
learned counsel submitted that petitioner found involved in one
more criminal case, where he is on bail.
5. Learned A.P.P. for the State, while opposing the
prayer for anticipatory bail of the petitioner, submitted that
alleged assault was made on the vital part (i.e. head) of the body
of the informant by the butt of gun, which may also proved
fatal, but he fairly conceded that having all occasion available
with the petitioner, he was not alleged to open fire upon the
informant.
6. In view of the aforesaid factual submissions and by
taking note of the fact as prima facie no allegation of firing
appears available against petitioner rather he has assaulted the
informant by using butt of the gun having all occasion to fire,
prima facie negating his intention to cause death, accordingly,
Patna High Court CR. MISC. No.27228 of 2026(2) dt.29-04-2026
3/3
above-named petitioner, in the event of his arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate - 1st Class, Supaul
/concerned court in connection with Supaul Nadi P.S. Case No.
106 of 2025, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…