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Patna High Court

Md. Israil @ HathKatta @ Md. IsrafilversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, ordering a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Md. Israil, applied for bail in a case involving alleged robbery, assault, and offenses under Sections 310(2) and 311 of the Bihar Negotiable Instruments Act, Section 27 of the Arms Act, and Sections 3 and 4 of the Explosive Act. The prosecution alleged that the accused group looted a shop and shot the informant’s son, while the petitioner claimed he was falsely implicated, not named in the FIR, and that a co‑accused’s confessional statement was the only link to him. The petitioner also highlighted that he is handicapped and that no incriminating material was recovered from him. The State opposed bail, citing a prior criminal case. After hearing both sides, the court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bond of Rs.10,000 with two sureties and to cooperate with the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the charges under the B.N.S., Arms Act and Explosive Act.
  • Whether the petitioner’s alleged lack of involvement, absence of material evidence, and physical handicap justify bail.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • Arms Act
  • Explosive Act
  • handicapped
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17808 of 2026
                      Arising Out of PS. Case No.-4 Year-2025 Thana- KURSAKANTA District- Araria
                 ======================================================
                 Md. Israil @ HathKatta @ Md. Israfil, Son of Md. Ibrahim @ Tetan, Resident
                 of Village-Navtoliya (Navtoli/ Navtol), Ward No 09, P.S-Kursakanta, District-
                 Araria

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kursakanta P.S. Case No. 04 of 2025 registered for the

                   offence punishable under Sections 310(2) and 311 of B.N.S.,

                   Section 27 of the Arms Act and Sections 3 and 4 of Explosive

                   Act.

                                3. The case of the prosecution, in short, is that while

                   the informant and his family members were sleeping in the

                   house, the informant was awakened by noise and noticed that

                   some miscreants were planning to commit robbery. Thereafter

                   when the informant, his son and his grandson went to see his

                   shop situated 50 meters away from his house,12-15 accused
Patna High Court CR. MISC. No.17808 of 2026(2) dt.23-03-2026
                                            2/3




          persons stopped the informant and looted some cash from the

          locker of the shop. When the informant’s son resisted the

          miscreants, one of them fired upon him, a bullet pierced into his

          stomach in consequence of which he suffered injury.

                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. From perusal of the F.I.R. it is clear that no one is named.

          From perusal of C.C.T.V. Footage, one Md. Hefaz was

          identified. Md. Hefaz has given his confessional statement and

          the name of this petitioner has surfaced in the confessional

          statement of Md. Hefaz. It has further been submitted that

          nothing has been recovered from the possession of this

          petitioner. He is languishing in judicial custody since

          21.10.2025. It has also been submitted that from perusal of

          Annexure-P/2 it will transpire that petitioner is handicapped.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of one case.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named
             Patna High Court CR. MISC. No.17808 of 2026(2) dt.23-03-2026
                                                         3/3




                       petitioner is directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                       of the like amount each to the satisfaction of the learned 1 st

                       Additional Sessions Judge-cum-Special Judge, Araria in

                       connection with Kursakanta P.S. Case No. 04 of 2025 with the

                       condition that petitioner shall cooperate in the trial and shall

                       be present in the learned trial Court whenever required.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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