Md. Irshad @ Md. Irsad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48735 of 2025 Arising Out of PS. Case No.-246 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Md. Irshad @ Md. Irsad S/o Late Md. Munni @ Sakoor @ Abdul Shakur @ Md. Marhum Mulli Sakur Resident of Village- Damodarpur, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jai Prakash Verma, Advocate For the Opposite Party/s :
Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Kanti P.S. Case No. 246 of 2024, instituted for the offences punishable under Sections 323, 384, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that the petitioner along with other co-accused person went to the house of the informant, demanded extortion of Rs. 1,00,000/- and fired two bullets which hit the door and electricity meter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.48735 of 2025(3) dt.24-09-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. No any injury has been caused to anyone in the alleged occurrence. The allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 14.07.2024 and has got eight criminal antecedents.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kanti P.S. Case No. 246 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.48735 of 2025(3) dt.24-09-2025 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T