Allowed¶19

Samir Faruque v. The State of Bihar

Patna HC15 Feb 2025CR. MISC./7089/2025

Case brief

AI extract

What is this about?

Bail granted — Samir Faruque v. State of Bihar; CR. MISC. No.7089 of 2025; Sasaram Town P.S. Case No. 702 of 2024; Sections 303(2) & 317(2), Bharatiya Nyaya Sanhita 2023; Section 103 BNSS non-compliance urged; not named in FIR; implication via CCTV footage; recovery on confessional statement; no T.I. Parade; custody since 24-08-2024; charge sheet filed; bail bonds Rs. 10,000/- with two sureties; Patna High Court; Rudra Prakash Mishra, J.; 15-02-2025.

What did the court decide?

Release of the petitioner 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. ¶19

Samir Faruque Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be released on 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.

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Court's answer

Considering the facts and circumstances of the case, the period of custody of the petitioner and the manner of the petitioner's implication, the Court was inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner was directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Sasaram Town P.S. Case No. 702 of 2024.

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Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.7089 of 2025 (decided 15-02-2025), Rudra Prakash Mishra, J.: Bail granted to Samir Faruque in connection with Sasaram Town P.S. Case No. 702 of 2024, instituted for offences under Sections 303(2) & 317(2) of the Bharatiya Nyaya Sanhita, 2023. Prosecution case: informant's bike taken away by three unknown miscreants, seen in CCTV footage; petitioner not named in FIR, name transpired during investigation via CCTV footage; motorcycle allegedly recovered on the basis of petitioner's confessional statement; counsel contended absence of compliance with Section 103 BNSS, 2023 and that no T.I. Parade was conducted; investigation complete and charge sheet filed. Petitioner in custody since 24-08-2024 with no criminal antecedent disclosed. Considering the period of custody and the manner of implication, the Court directed release on bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7089 of 2025

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Arising Out of PS. Case No.-702 Year-2024 Thana- SASARAM NAGAR District- Rohtas

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======================================================

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Samir Faruque S/o Nilu Faruque @ Milu Faruque R/o Village- Dawanpur, P.S. - Sasaram (Muffasil), District- Rohtas.

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... ... Petitioner/s

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Versus

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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 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

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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.

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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.

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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.

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5. It has been further submitted by the petitioner’s

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Patna High Court CR. MISC. No.7089 of 2025(2) dt.15-02-2025 2/2

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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.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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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.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Samir Faruque v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Samir Faruque v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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