Md. Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15522 of 2025 Arising Out of PS. Case No.-362 Year-2024 Thana- DAGARUA District- Purnia ====================================================== Md. Ismail Son of Jiyaruddin @ Ziaruddin Resident of Village- Rampur, P.s.- Dagarua, Distt.- Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP For the Informant :

Md. Fazle Karim, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. Learned Counsel for the petitioner submits that due to inadvertence in the prayer portion of the bail petition Saharsa has been typed in place of Purnea.

3. As such, learned Counsel for the petitioner is permitted to correct the same in course of the day.

4. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Dagarua P.S. Case No. 362 of 2024, lodged on 27.11.2024, under Section 109 of the Bhartiya Nyay Sanhita, 2023.

Patna High Court CR. MISC. No.15522 of 2025(2) dt.02-04-2025 2/3

5. As per the prosecution, FIR has been lodged against the present petitioner with allegation of assaulting on the head of the son-in-law of the informant due to which bleeding started and became injured and admitted to hospital.

6. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is clean. Counsel further submits that it is land dispute which occurred between the full brothers i.e., petitioner and the son-in-law of the informant. Counsel submits that due to this fight between the brothers, injury has been caused to both the parties.

7. Learned Counsel for the Informant opposes the prayer for bail.

8. Learned APP for the State submits that there is allegation of assault but intention is lacking.

9. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Purnea, in

Patna High Court CR. MISC. No.15522 of 2025(2) dt.02-04-2025 3/3 connection with Dagarua P.S. Case No. 362 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T