Faltu @ Firoz Alam @ Md. Firoz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55395 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- BARSOI District- Katihar ====================================================== Faltu @ Firoz Alam @ Md. Firoz Alam S/O Nazmul Hak R/O VillageBighaur Hat, P.S- Kachna, Distt.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 331(4), 305, 317(2) of the B.N.S.

3. The allegation in the FIR is that some unknown miscreants committed theft in the house of the informant of 9 kg of gold and 72 kg of silver.

4. Learned counsel for the petitioner, at the outset, submits that the first information report has been lodged against unknown and the name of the petitioner has transpired during the course of investigation on the confessional statement of coaccused Shyam Kumar Soni and Md. Yasir with regard to his complicity in the offence in question. As a matter of fact, no stolen article was recovered from the possession of the petitioner and

Patna High Court CR. MISC. No.55395 of 2025(3) dt.15-11-2025 2/2 similarly situated co-accused Samrul Haque has already been granted bail by a coordinate Bench of this Court vide order dated 30.10.2025 passed in Cr. Misc. No. 63328 of 2025. The petitioner is in custody since 05.04.2025.

5. Learned APP for the State has opposed the application for bail to the petitioner on the ground that the petitioner has four criminal antecedents. In response to which it has been submitted that till lodging of the present case, the petitioner had no criminal antecedent and he has only subsequently been remanded in four other cases.

6. Taking into consideration the facts and circumstances and also considering that the basis for the petitioner's implication is the confessional statement of co-accused before the police which has no evidentiary value and similarly situated co-accused has already been granted bail by a coordinate Bench of this Court, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Barsoi P.S. Case No. 58 of 2025. (Soni Shrivastava, J) devendra/- U T