Patna High Court
Md. Israil @ Md. EsrylversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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