Santosh Goswami @ Santosh Kumar Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76153 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- HABIBPUR District- Bhagalpur ====================================================== Santosh Goswami @ Santosh Kumar Goswami Son of Binod Goswami, resident of Village- Mansar, P.S.- Madhusudanpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Davendra Kumar Pandey For the Opposite Party/s :

Mr.Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Habibpur P.S. Case No. 116 of 2018 registered for the offence punishable under Sections 25(1b)A/26/35 of the Arms Act. Allegation against the petitioner is of recovery of one country made pistol from his possession.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent and is in custody since 27.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-XII,

Patna High Court Cr.Misc. No.76153 of 2018(2) dt.19-12-2018 2/2 Bhagalpur, in connection with Habibpur P.S. Case No. 116 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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.

(S. Kumar, J) ranjan/- U