Santosh Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51354 of 2016 Arising Out of PS.Case No. -166 Year- 2016 Thana -FATEHPUR District- GAYA ====================================================== Santosh Goswami S/o Suryadeo Goswami Resident of Village- Kamra, Dunaiya, P.S. Fatehpur, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No. 166 of 2016 for the offences instituted under Sections 308, 337, 338, 324, 506, 504, 323, 341, 147 and 149 of the Indian Penal Code.

The allegation against the petitioner is that he along with co-accused Suryadeo Goswami instigated the accused persons for making assault on the head of Sanjay Kumar Goswami with an intention to kill him.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He has falsely been implicated in the present case. There is no allegation of tampering

Patna High Court Cr.Misc. No.51354 of 2016 (2) dt.05-12-2016 2/2 of witnesses alleged against the petitioner. There is a case and counter case between the parties. There is admitted enmity between the parties. Both the sides received injury in course of free fight.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Fatehpur P.S. Case No. 166 of 2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Xth, Gaya, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) Amit/- U T