Samir Faruque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7089 of 2025 Arising Out of PS. Case No.-702 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Samir Faruque S/o Nilu Faruque @ Milu Faruque R/o Village- Dawanpur, P.S. - Sasaram (Muffasil), District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramanuj Tiwary, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sasaram Town P.S. Case No. 702 of 2024 instituted for the offence under Sections 303(2) & 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that bike of the informant was taken away by three unknown miscreants, which is seen from the CCTV footage.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-08-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.7089 of 2025(2) dt.15-02-2025 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation via CCTV footage. It is alleged that on the basis of confessional statement of petitioner, motorcycle has been recovered. There is no compliance of Section 103 of the BNSS, 2023. It is submitted that petitioner was not put on T.I. Parade. Learned counsel for the petitioner lastly submits that police after completion of investigation has submitted charge sheet in this case. 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 manner of petitioner's implication, 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 below/concerned Court in connection with Sasaram Town P.S. Case No. 702 of 2024.

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