Patna High Court
Md. Israil @ HathKatta @ Md. IsrafilversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 310(2), 311
- Explosive Act — s. 3, 4
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/-
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