Ram Krishna Goswami @ Ramkrishan Gosami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4969 of 2021 Arising Out of PS. Case No.-713 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== RAM KRISHNA GOSWAMI @ RAMKRISHAN GOSAMI S/o Sri Kant Gosami @ Shrikant Goswami R/o village- Kharsahi, P.S.- Raniganj, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Forbesganj P.S. Case No. 713 of 2020, registered for the offence punishable under Sections 411, 412, 414, 420, 467, 468 and 471 of the Indian Penal Code.

As per the prosecution case, upon search of house of co-accused Md. Harun, one stolen motorcycle and forged documents, keys of 25 motorcycles and other articles have been recovered. During course of investigation, co-accused Md. Harun revealed that he along with his associates are engaged in

Patna High Court CR. MISC. No.4969 of 2021(3) dt.06-04-2021 2/3 selling of stolen motorcycle and this petitioner is one of his associates.

It is submitted on behalf of the petitioner that no looted article has been recovered from possession of this petitioner. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Md. Harun. Save and except disclosure, there is no material against this petitioner. Petitioner is in custody since 23.08.2020 having clean antecedent, as stated in para 3 of the petition. Considering the fact that no recovery has been made from conscious possession of this petitioner coupled with the fact that petitioner bears clean antecedent, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No.

Patna High Court CR. MISC. No.4969 of 2021(3) dt.06-04-2021 3/3 cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T