Ashafaque Alam @ Ashfaq Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36126 of 2025 Arising Out of PS. Case No.-210 Year-2025 Thana- SASARAM NAGAR District- Rohtas ====================================================== Ashafaque Alam @ Ashfaq Alam Muslim Miyan @ Muslim Miya R/o VillAdhaura, P.S.- Adhaura, Distt- Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-06-2025 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. 210 of 2025, instituted for the offences punishable under Sections 303(2), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioner was arrested by the police along with a stolen motorcycle for which valid papers were demanded from him, but he failed to produce any valid documents.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.36126 of 2025(2) dt.16-06-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged recovery of stolen motorcycle. It is further submitted that the petitioner has confessed his guilt before the police and the same has got no evidentiary value. The petitioner is in custody since 14.03.2025 and has got no criminal antecedent.
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. 10,000/- (Rupees 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. 210 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T