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Patna High CourtCR. MISC./330/2018bail granted

Ashok Kumar Goswami v. The State Of Bihar

2018-01-12Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.330 of 2018 Arising Out of PS.Case No. -233 Year- 2016 Thana -RAJGIR District- NALANDA (BIHARSHARIFF) ======================================================

1. Ashok Kumar Goswami S/o Kishori Goswami Resident of village- Itawa Bazar, P.S.- Fatehpur, District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking regular bail in connection with Rajgir P.S. Case No.233 of 2016, registered for offences alleged under Section 379 of the Indian Penal Code and subsequently Section 411 of the Indian Penal Code was also added.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR, the alleged stolen motorcycle is said to have been recovered from verandah of the house of petitioner, but according to him it is a false implication. He further submits that nothing has been recovered from the

Patna High Court Cr.Misc. No.330 of 2018 (2) dt.12-01-2018 conscious possession of this petitioner and the police has falsely been implicated him. He further submits that in other cases which have been mentioned in paragraph 3 of the application the petitioner is on bail.

Learned APP opposed the prayer for bail.

Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif in connection with Rajgir P.S. Case No.233 of 2016, subject to the conditions U/S 437(3) Cr.P.C. and subject to the further condition that if the petitioner is found involved in similar offence in future and a prima facie case is found against him, his bail bond shall be liable to be cancelled.

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