Bindeshwari Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4967 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- SABAUR District- Bhagalpur ====================================================== BINDESHWARI GOSWAMI SON OF LATE BRAHAMDEO GOSWAMI RESIDENT OF VILLAGE-BABUPUR, POLICE STATION- SABOUR, DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-08-2021 Heard Mr. Rajive Ranjan Singh, learned Advocate for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sabour P.S. Case No. 135 of 2020 dated 19.05.2020 instituted for the offences under Sections 461, 379 and 411 of the Indian Penal Code. A theft was committed in a medicine shop and in connection with such theft, one Pinku Kumar is said to have been arrested. On his confession, an invertor was recovered from the house of the petitioner.

Learned counsel for the petitioner has submitted that the invertor was purchased by him from aforesaid Pinku Kumar, who is his co-villager, but he had no idea whatsoever that such invertor was a stolen

Patna High Court CR. MISC. No.4967 of 2021(2) dt.06-08-2021 2/2 property. The petitioner is a Government servant. Because of his lack of knowledge that he was purchasing a stolen property, no offence for which he has been charged can at all be said to have been made out. The petitioner does not have criminal antecedents.

For the reasons aforestated, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sabour P.S. Case No. 135 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T