Md. Israil @ Md. Ijrail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44882 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- PARIHAR District- Sitamarhi ====================================================== Md. Israil @ Md. Ijrail Son of Md. Shirajul R/O Vill.- Mubarakpur, P.S.- Sonvarsa, Dist.- Sitamarhi. At Present R/O Vill.- Awapur, P.S.- Pupri, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Singh, Adv For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Parihar P.S. Case No. 19 of 2024 dated 23.01.2024 registered for the offence/s punishable u/s 414 of the Indian Penal Code 25(1-B)a, 26, 35 of the Arms Act.

3. As per the prosecution case, a loaded revolver and two live cartridges were recovered from the possession of Md. Israel (petitioner) who disclosed that the said arms was given to him by the co-accused Ayush Kumar who snatched from a doctor after shooting him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Similar situated co-accused person has already been

Patna High Court CR. MISC. No.44882 of 2024(2) dt.22-11-2024 2/2 granted bail by this Court vide order dated 09.07.2024 passed in Cr. Misc. No. 43913 of 2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has nine criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 23.01.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Parihar P.S. Case No. 19 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T