Amit Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52211 of 2016 Arising Out of PS.Case No. -41 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ======================================================

1. Amit Kumar Goswami, son of Late Pankaj Goswami, Resident of Village- Mansar, P.S.- Madhusudanpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 386 and 387 of the I.P.C Allegedly, two motorcycle borne criminals at the point of pistol took petrol of Rs. 500/- as ransom from the informant but in the meantime patrolling party of Akbar Nagar Police Station came and on chase apprehended the petitioner and other co-accused and from possession of the petitioner pistol was recovered, whereas, from possession of co-accused two cartridges were recovered.

Submission is of false implication and that the petitioner is in custody since 28.04.2016, charge sheet has already

Patna High Court Cr.Misc. No.52211 of 2016 (4) dt.04-02-2017 2/2 been submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering detention of the petitioner and further that there is no chance of tampering with the prosecution evidence and as such the petitioner is directed to 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 A.C.J.M. Bhagalpur in Akbarnagar P.S. Case No. 41 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T