Lakhpati Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27621 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ====================================================== Lakhpati Goswami, S/o Late Basudeo Goswami, Resident of VillageManihari, P.S.- Manihari, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party : Smt. Sharda Kumari(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Bhagalpur G.R. P.S. Case No. 32 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code. Case diary in the present case was called for, which has since been received.

Learned counsel for the petitioner submits that the petitioner is an 85 years old man and is the Pujari of Mandir. It is submitted that though he is not named in the FIR, subsequently on the basis of the call details and EMI records of the phone which was stolen from the passenger of the train, the location of the mobile was traced to the petitioner as his SIM was found to have been

Patna High Court Cr.Misc. No.27621 of 2016 (4) dt.27-10-2016 2/2 be used by the said mobile. Accordingly, an inquiry made and the mobile was recovered from his possession. Learned counsel for the petitioner further submits that the said mobile was purchased by unknown young boy who was claimed that he needed money for his mother's treatment. Admittedly the theft and snatching of the mobile and the purse of the lady passenger had taken place and as alleged three boys between the age group 24 to 26 had participated.

Having considered all the facts and circumstances of the case and on consideration of the case diary which does not indicate any further material against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Railway Judicial Magistrate, Bhagalpur in connection with Bhagalpur G.R. P.S. Case No. 32 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J.) ravi/- U T