Fotan Goswami @ Fottan Goswami @ Fottan Gosami And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7091 of 2015 Arising Out of PS.Case No. -251 Year- 2014 Thana -Falka (Pothia) District- KATIHAR ======================================================

1. Fotan Goswami @ Fottan Goswami @ Fottan Gosami S/o Negru Goswami

2. Mangal Goswami @ Mandal Goswami @ Mangal Gosami S/o Rajendra Goswami Both resident of village - Chandpur, P.S. Falka ( Pothia ), District - Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ratnakar Ambastha, Adv. For the Opposite Party/s : Mr. M.Rub, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 04-03-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The accused-petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of IPC.

It is alleged that there is specific allegation against co-accused Kamlesh Yadav to have shot fire causing the injury to the son of informant who succumbed to his injury while Rajendra Goswami caused grievous injury to Bilas Yadav. It is submitted that there is no specific allegation of overtact against the petitioners and in similar facts and

Patna High Court Cr.Misc. No.7091 of 2015 (2) dt.04-03-2015 2/2 circumstances, co-accused Sarun Yadav @ Sarun Prasad Yadav has been granted anticipatory bail vide Cr. Misc. No. 1654 of 2015 and the petitioners have no criminal antecedent. Considering the facts and circumstances, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Sunil Kumar, III, Judicial Magistrate, Katihar /court concerned in Falka (Pothia) P. S. Case No. 251 of 2014 with following conditions:-

1. The petitioners will not indulge themselves in similar or any other offence.

2. One of the bailors must be the close relative of the petitioners.

3. The petitioners will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail, their bail bonds would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T