Isrul @ Md. Isrul @ Isurl v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8824 of 2025 Arising Out of PS. Case No.-355 Year-2024 Thana- BHARGAMA District- Araria ====================================================== Isrul @ Md. Isrul @ Isurl Son of Salim Resident of Village - Baijupatti (Birnagar), Ward No.- 04, P.S.- Bhargama, District - Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bhargama P.S. Case No. 355 of 2024 instituted for the offence under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023, Sections 25(1-B)a & 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

Prosecution case in short is that there is recovery of 5 liters country made liquor, one threenut, one live cartridge, one sword, one knife from the house of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-11-2024. Petitioner

Patna High Court CR. MISC. No.8824 of 2025(3) dt.12-05-2025 2/3 bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner has no concern with the recovered arms and liquor. Learned counsel for the petitioner goes on to submit that recovery is planted. It is next contended that even if the recovery is accepted on its face value, the same is made from the joint house of the petitioner where other family members also resides. Learned counsel next submits that police after investigation has already submitted charge sheet in this case. There is no compliance of Section 103 of the BNSS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.8824 of 2025(3) dt.12-05-2025 3/3 below/concerned Court in connection with Bhargama P.S. Case No. 355 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T