Amit Kumar Goswami v. The State Of Bihar

Patna High Court Cr.Misc. No.3467 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3467 of 2017 Arising Out of PS.Case No. -40 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ====================================================== Amit Kumar Goswami, Son of Late Pankaj Kumar Goswami, resident of Village- Mansar, P.S. Madhusudanpur, Distirct- Bhagalpur. ... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== 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 20-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Akbarnagar P.S. Case No. 40 of 2016 registered for the offences punishable under Sections 25(1-b)A, 26/35 of the Arms Act. Allegedly, the petitioner and co-accused were caught when they were trying to flee away and from possession of the petitioner a country made loaded pistol, a magazine containing live cartridge and Nokia Mobile were recovered. Submission is of false implication and that the petitioner is suffering in custody since 19.04.2016, the petitioner has been made accused in Akbarpur P.S. Case No. 41 of 2016 registered for the offences punishable under Sections 386 and 387 of the Indian Penal Code wherein he is on bail and as such he deserves

Patna High Court Cr.Misc. No.3467 of 2017 (2) dt.20-02-2017 sympathetic consideration to which the learned APP submits that considering the period of detention of the petitioner now lenient view can be taken.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur in connection with Akbarnagar P.S. Case No. 40 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) avin/- U T