Vikas Kumar @ Banti Goswami v. The State Of Bihar

Patna High Court Cr.Misc. No.12336 of 2016 (3) dt.25-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12336 of 2016 Arising Out of PS.Case No. -453 Year- 2015 Thana -WAJIRGANJ District- GAYA ======================================================

1. Vikas Kumar @ Banti Goswami S/o Sidhnath Goswami, Resident of Village- Khudaganj, Police Station- Khudaganj, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-05-2016 Heard Mr. Mukherjee for the petitioner and the APP for the State.

Petitioner is accused in Wazirganj P.S. Case No. 453 of 2015 registered under Sections 395 and 397 of the Indian Penal Code.

F.I.R. is lodged against unknown alleging that while the informant was going on a Pick up van, a Tata Sumo vehicle overtook and stopped the Pick up van. The informant and other occupants were relieved of their belongings and Pick up van was also taken away. The material against the petitioner surfaced during the investigation in the shape of confessional statement of co-accused Gautam Kumar who has stated that the Kirana articles/materials laden on the Pick up van were unloaded at one godown. Following day, they were shifted to another place. The petitioner was hired @ Rs. 300/- to transport those articles. Save and except this, there is nothing against the petitioner. It is stated

Patna High Court Cr.Misc. No.12336 of 2016 (3) dt.25-05-2016 that the godown owner where the looted articles were first unloaded or placed has since been granted anticipatory bail by order dated 19.02.2016 passed in Cr. Misc. No. 1575 of 2016. The petitioner has no criminal antecedent.

Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory 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, Gaya in Wazirganj P.S. Case No. 453 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T