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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34794 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- AMAUR District- Purnia ====================================================== 1.

Md. Isha @ Md. Esha S/o Md. Akhtar @ Chulahi Resident of Sohraiya, PSAmour, District- Purnea 2.

Md. Akhtar @ Chulahi S/o Sheikh Iliyas Resident of Sohraiya, PS- Amour, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim, Adv.

For the State :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-12-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. This is an application for grant of anticipatory bail on behalf of the above named petitioners who apprehends their arrest in connection with Amour P.S. Case No. 31 of 2025 for the offences under sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS.

3. The specific allegation against petitioner no. 1 is that he inflicted a knife blow, causing injury to Shah Alam. So far as the petitioner no. 2 is concerned, he is father of petitioner no. 1 and he is the order giver.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been

Patna High Court CR. MISC. No.34794 of 2025(5) dt.04-12-2025 2/3 implicated in this case. There is land dispute between the parties. The petitioners and the informant are agnates. He has further submitted that the petitioners are the persons of clean antecedents.

5. Mr. Shailendra Kumar, learned Additional Public Prosecutor for the State has opposed the prayer for bail and submitted that the allegation is corroborated by the injury report, which shows the injuries caused by a sharp cutting weapon and is dangerous to life. The injuries suffered by the injured are attributed to petitioner no. 1. So far as petitioner no. 2 is concerned, there is no allegation of inflicting assault upon the injured.

6. Considering the above-mentioned facts and circumstances, let the petitioner no. 2, in the event of his arrest or surrenders within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount to the satisfaction of learned CJM, Purnea in connection with Amour P.S. Case No. 31 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C.

7. So far as petitioner no. 1 is concerned, he is said to have assaulted Shah Alam and, in consequence thereof, he

Patna High Court CR. MISC. No.34794 of 2025(5) dt.04-12-2025 3/3 stabbed him in the stomach, as a result of which, he sustained injuries, which are grievous in nature. Accordingly, his prayer for bail is rejected.

8. If the petitioner no. 1 surrenders before the court below and seeks regular bail, the same shall be considred and disposed of on its own merit without being prejudiced by this order.

(Nawneet Kumar Pandey, J) Nirmal/- U T