Pallu Goswami @ Pallu Gosami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36472 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -BODHGAYA District- GAYA ====================================================== Pallu Goswami @ Pallu Gosami, S/O Mahendra Goswami, resident of Village- Mastpura, P.S- Bodh Gaya, District- Gaya. .... .... Petitioner.
Versus
The State of Bihar .... .... Opposite Party.
====================================================== Appearance :
For the Petitioner : Mr.Ravindra Kumar Sinha, Advocate. For the State : Mrs. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 02-09-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Bodh Gaya P.S. Case No.39 of 2016 registered under Sections 436 and 427/34 of the Indian penal Code.
The allegation of the informant Basudeo Yadav is that he alongwith Ajay Kumar used to run restaurant in village-Mastpura. On 31.01.2016 at about 09.00 P.M., in the restaurant, the coaccused Navin Paswan and the petitioner started to scuffle with a constable, who slapped them. Thereafter, the restaurant was closed and due to annoyance, the petitioner and the co-accused Navin Paswan set the restaurant on fire on account of which, all
Patna High Court Cr.Misc. No.36472 of 2016 (2) dt.02-09-2016 2/2 the articles of the restaurant burnt to ashes. Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in this case only on the ground that this petitioner and the co-accused scuffled with the constable in the restaurant and set the restaurant on fire on 31.01.2016 at 09.00 P.M. Except that, there is nothing to connect the petitioner in the commission of the alleged crime. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Bodh Gaya P.S. Case No.39 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T