Md. Isha @ Md. Esha v. The State Of Bihar

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 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 (Annexure2). 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