Naresh Kumar Goswami v. The State Of Bihar

Patna High Court Cr.Misc. No.25057 of 2017 (2) dt.17-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25057 of 2017 Arising Out of PS.Case No. -90 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Naresh Kumar Goswami, Son of Shri Laxmi Narayan Goswami, resident of Lengrapipar, PoliceStationDomchanch, DistrictKoderma (Jharkhand).

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjit Kumar Singh For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nawada Town Police Station Case No. 90 of 2017, disclosing offences under Sections 379 and 414 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be the owner of the seized Truck bearing No. JH12E-6077 only and he has falsely been implicated in this case on the basis of suspicion. The driver of the vehicle in question has also produced valid papers of vehicle and the challan/tansit pass of

Patna High Court Cr.Misc. No.25057 of 2017 (2) dt.17-07-2017 stone chips before the police, which is evident from annexuresP/2 & P/3. The petitioner has no role to play in the entire matter. Moreover, the co-accused having similar allegations have already been granted bail vide Cr. Misc. No. 22889 of 2017 by a co-ordinate Bench of this Court. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Nawada Nagar Police Station Case No. 90 of 2017, G.R. No. 360 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) brajesh/- U T