Chandan Goswami @ Chandan Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32284 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -BAUSI District- PURNIA ====================================================== Chandan Goswami @ Chandan Kumar Goswami Son of late - Banarsi Goswami, Resident of Village- Kathpul, Kalbalia, P.S. Sadar District Purnea.

.... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Sections 302, 201 and 34 of the Indian Penal Code. Prosecution case, as per chowkidar, namely, Panchanand Rai, is that he saw a dead boy of an unknown person on the roadside. Informant suspects that murder was done somewhere and the dead body had been thrown at the recovery place. It has been submitted on behalf of the petitioner that he is in custody since 8.2.2016. Chargesheet has been submitted against the petitioner. He has got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioner. Petitioner is not named in the F.I.R.

As per C.D.R. report, on the alleged date of occurrence there was a mobile communication between the deceased and the petitioner. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest implication of the petitioner in the present case.

On behalf of the State, it is submitted that name of the petitioner has come in course of investigation.

Patna High Court Cr.Misc. No.32284 of 2016 (3) dt.16-09-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Baisi P.S. Case no. 5 of 2016.

(Sudhir Singh, J) sudip/- U T