Md. Israil Nadaf @ Md. Ishrail Mansuri @ Md Israil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79230 of 2024 Arising Out of PS. Case No.-18 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Md. Israil Nadaf @ Md. Ishrail Mansuri @ Md Israil, Son of Serajul Nadaf, R/O Vil.- Awapur, P.S.- Pupri, Dist.- Sitamarhi, At Presetn R/O Vill.- Koiriya, P.S.- Parihar, Dist.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr.Ritesh Kumar Narain Singh, learned counsel for the petitioner and Mr.Sanjay Kumar Tiwary, learned APP for the State.
2. The petitioner has prayed for bail in connection with Parsauni P.S. Case No.18 of 2023 registered for the offence punishable under Sections 395 and 412 of the Indian Penal Code.
3. The case of the prosecution is that on 29/30.01.2023 in the midnight, the informant was sleeping with his family, at about 01.10 o'clock 15-16 dacoits entered into the house of the informant by breaking the gate and made hostage to all the family members. All were armed with knife, dab, rod, khanti and pistol. Rs. 80,000/- in cash and ornamment worth Rs.
Patna High Court CR. MISC. No.79230 of 2024(3) dt.24-02-2025 2/3 12,00,000/- were looted on the gun point.
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 F.I.R. was lodged against unknown miscreants. The name of this petitioner has surfaced in the confessional statement ofco-accused Md. Isteyak Mansoori. Nothing has been recovered from the possession of this petitioner but from perusal of para 3 of the bail petition, it transpires that petitioner is having criminal antecedent of 11 cases that too of similar nature. Learned counsel of the petitioner has submitted that petitioner is on bail in two of the cases. In other cases, he is in custody. No recovery has been made and nothing except confessional statement is there. Co-accused Md. Ishteyaque Mansoori has been granted bail by co-ordinate Bench of this Court vide order dated 05.01.2024 in Cr. Misc. No. 84044 of 2023. Moreover, petitioner is languishing in judicial custody since 25.04.2024.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is
Patna High Court CR. MISC. No.79230 of 2024(3) dt.24-02-2025 3/3 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 Judicial Magistrate, Sitamarhi in connection with Parsauni P.S. Case No. 18 of 2023 with a condition that the petitioner shall not indulge in similar nature of the offence in future and shall cooperate in trial. (Ashok Kumar Pandey, J) lata/- U T