Santosh Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24428 of 2023 Arising Out of PS. Case No.-116 Year-2020 Thana- BHARGAMA District- Araria ====================================================== SANTOSH GOSWAMI S/o- RAGHUNATH GOSWAMI Village- SAifganj ward no-7, Ps- Forbesganj Dist- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advoate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-05-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T no. 300 of 2021 (arising out of Bhargama P.S. Case no. 116 of 2020) registered under section 395 of the Indian Penal Code.

3. As per the prosecution case, the six accused persons on three motorcycles are said to have looted a sum of Rs. 4,34,921/- from the vehicles, details of which has been given in the FIR.

4. It is submitted by learned counsel for the petitioner that the FIR was registered against nine unknown. Referring to the order of the learned Trial Court it is submitted that the name of the petitioner transpired in the confessional statement of a coaccused Saurabh Yadav who has been enlarged on bail vide

Patna High Court CR. MISC. No.24428 of 2023(2) dt.18-05-2023 2/2 order dated 25.3.2022 passed in Cr. Misc. no. 61700 of 2021. The petitioner is in custody since 19.6.2021 and charge sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State who submits that the petitioner is a veteran criminal being accused in as many as nine cases from before.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the order of the learned Trial Court from which it transpires that the name of the petitioner came in the confessional statement of co-accused Suman Yadav, grant of bail to the said Suman Yadav by order dated 25.3.2022 (Annexure-2), the petitioner being in custody for about 2 years since 19.6.2021 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with S.Tr no. 300 of 2021 (arising out of Bhargama P.S. Case no. 116 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge II, Araria. (Partha Sarthy, J) Prakash/- U