Patna High CourtCR. MISC./2604/2025bail granted

Kaimul Sheikh v. The State Of Bihar

2025-01-27Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2604 of 2025 Arising Out of PS. Case No.-17 Year-2024 Thana- SITAMARHI RPF/POST DistrictSamastipur ====================================================== Kaimul Sheikh Son of Sheikh Nasir Resident of Rajpur Farhadawa, P.S. - Gouo, District- Rautahat, Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhigyan Kumar, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sitamarhi Rail P.S. Case No.17 of 2024 instituted for the offences under Section 303(2) & 317(2) of the B.N.S.

3. As per prosecution case, the police has caught the petitioner at the spot itself with the stolen mobile.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no CCTV footage of the alleged allegation showing the petitioner has stolen the Informant's mobile. No Test

Patna High Court CR. MISC. No.2604 of 2025(2) dt.27-01-2025 2/3 Identification Parade has been conducted in this case. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 12.07.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Sitamarhi Rail P.S. Case No.17 of 2024, subject to the following conditions;

(i) One of the bailor(s) must be the resident of India. (ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.2604 of 2025(2) dt.27-01-2025 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T