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Patna High Court

Md. Israil @ Md. EsrylversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to a bond of Rs 10,000 and two sureties with conditions.

Summary

The petitioner, Md. Israil, was arrested in connection with an alleged theft of five cows belonging to an informant, purportedly taken in a blue Magic van. The prosecution claimed the petitioner used the van to transport the stolen cattle, while the petitioner asserted that the van belonged to co‑accused Md. Aslam and that neither the van nor the cows were recovered from his possession. He further maintained that he was falsely implicated and had been in judicial custody since 13 August 2025. The State opposed bail, emphasizing six prior criminal cases against the petitioner. After considering the seriousness of the offences, the absence of material recovery, the petitioner’s claim of innocence and his willingness to cooperate, the Court ordered that bail be granted on a bond of Rs 10,000 with two sureties and specific conditions.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedents
  • Whether the non‑recovery of the alleged stolen property and the claim of false implication affect the bail decision

Legislation cited

  • B.N.S. — s. 303(2), 317(2), 317(5), 318(4), 3(5)

Subjects

  • bail
  • criminal procedure
  • theft
  • cattle theft
  • prior convictions
  • high court
  • B.N.S.
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89732 of 2025
                        Arising Out of PS. Case No.-314 Year-2025 Thana- AMAUR District- Purnia
                 ======================================================
                 Md. Israil @ Md. Esryl, S/o- Md. Tajim, Resident of Village- Bhagtahir
                 Haripur, PS- Amour, Distt- Purnea
                                                                         ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Amour P.S. Case No. 314 of 2025 registered for the offence

                   punishable under Sections 318(4), 317(5), 303(2) and 3(5) of

                   B.N.S. and later on Section 317(2) was added.

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

                   cows of the informant were stolen. He started searching and he

                   came to know that the petitioner has stolen the cows and has taken

                   them in a blue colour Magic van.

                                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. The alleged

                   blue colour Magic van does not belong to him rather it belongs to

                   co-accused Md. Aslam and the said Magic van has been recovered
             Patna High Court CR. MISC. No.89732 of 2025(2) dt.15-01-2026
                                                         2/2




                       from one Manjoor. It has further been submitted that neither the

                       Magic van nor the cows are recovered from the possession of this

                       petitioner. He is languishing in judicial custody since 13.08.2025.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail and has submitted that petitioner

                       is having criminal antecedent of six cases.

                                    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

                       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 Chief Judicial

                       Magistrate, Purnia in connection with Amour P.S. Case No. 314 of

                       2025 with the following conditions :-

                                    (i) The petitioner shall cooperate in the trial and will

                       be present on each and every date fixed by the trial Court.

                                    (ii) One of the bailors should be near relative of the

                       petitioner.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T


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