Goswami Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9395 of 2023 Arising Out of PS. Case No.-252 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== GOSWAMI KUMAR Son of Ram Naresh Ranjan R/v- Ballabhpur, P.O. and P.S.- Hasanpur, Dist- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking pre-arrest bail in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 252 of 2021 registered for the offences punishable under Sections 379 of the Indian Penal Code. He has one criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that one Glamour Motorcycle was stolen from his residence which he was bought from one Amit Kumar by way of an affidavit. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that there is no recovery from the house of the petitioner and petitioner is a student of B.A. Honours.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.9395 of 2023(2) dt.17-05-2023 2/2 Having regard to the facts and circumstances of the case and the statements made in the application that no recovery has been made from the house of the petitioner, the petitioner is said to be the student of B.A. Honours and he has one criminal antecedent in which he is said to be on bail, hence, this Court directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai, in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 252 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Rajeev/- U T