Sanjeet Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12259 of 2020 Arising Out of PS. Case No.-117 Year-2018 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== SANJEET GOSWAMI Son of Chandra Shekhar Goswami Resident of Village - Jitpur, P.S.- Bakhri, District - Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-06-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 379 of the I.P.C.

Informant has alleged in his written complaint that on 20.11.2018 at about 10.00 PM while he went to sleep after dinner and when he woke up at 2 0' clock in the night he found that his motorcycle has been stolen. FIR is against unknown.

Patna High Court CR. MISC. No.12259 of 2020(3) dt.04-06-2020 2/3 It has been submitted on behalf of petitioner that petitioner is not named in the FIR. His name has transpired in this case on the basis of confessional statement of co-accused Arbind Kumar. Nothing has been recovered from the possession of petitioner. One co-accused, namely, Saurabh Kumar whose name also came on confessional statement has been granted regular bail by the court below itself. Petitioner is in custody since 10.12.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Nawkothi Case No. 117 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates

Patna High Court CR. MISC. No.12259 of 2020(3) dt.04-06-2020 3/3 without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/rajivU T