Md. Ismail Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Md. Ismail Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Khagaria / concerned Court below, in connection with Maheshkhunt P.S. Case No.01 of 2026, subject to the condition of verifying the bona fide of the seller and permission status of the trees before purchase; bail bonds to be cancelled by the Court below upon violation.

Issue for consideration

Whether the petitioner, in custody since 02.01.2026 in connection with Maheshkhunt P.S. Case No.01 of 2026 (offences under sections 303(2)/317(3)/324(5) B.N.S., 2023 and section 33(1)(a) Indian Forest Act), should be released on bail.

Court's answer

Considering the nature of the allegation and the period of custody of the petitioner, the bail application is allowed.

Ratio / Principle

Bail granted conditionally: before purchasing trees the petitioner must verify the bona fide of the seller and whether the trees were cut after obtaining Forest Department permission; violation will result in cancellation of his bail bonds by the Court below.

Key takeaways

The Court expressly clarified that it has not expressed any opinion on the merits of the case; its observations were made only for the purpose of deciding the bail application.obiter¶19

Detailed headnote1 paragraphs

Bail granted (conditional): Patna High Court allowed the bail application of Md. Ismail, accused in Maheshkhunt P.S. Case No.01 of 2026 (Khagaria) under sections 303(2)/317(3)/324(5) of the B.N.S., 2023 and section 33(1)(a) of the Indian Forest Act, for allegedly purchasing trees cut without Forest Department permission, with recovery of trees effected from him; in custody since 02.01.2026. Released upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, on condition that before purchasing trees he verifies the bona fide of the seller and whether the trees were cut with Forest Department permission, failing which his bail bonds shall stand cancelled. The Court clarified it had expressed no opinion on the merits of the case. Decision dated 07-04-2026; single-judge bench (Sandeep Kumar, J).

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/-

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