Ashok Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53363 of 2019 Arising Out of PS. Case No.-8 Year-2018 Thana- BARARI District- Katihar ====================================================== Ashok Goswami, age- 29 years, male, S/O- Vishnudev Goswami, R/O - Mohnadih (Sonakhal), P.S. Barari, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner seeks regular bail in connection with Barari (Semapur) P.S. Case No. 8 of 2018 registered under sections 395, 397, 354 of the IPC and 27 Arms Act. The allegation against the petitioner, as per the first information report, is that the petitioner along with other accused persons holding arms in their hand entered into the house of the informant and assaulted the family members. It has further been alleged that during course of committing crime Mohan Thakur, Ishwar Thakur and Mukesh Pandey broke open the box kept in the house and took away ornaments and cash of Rs. 45,000/-.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated due to the village

Patna High Court CR. MISC. No.53363 of 2019(3) dt.25-11-2019 2/2 politics inasmuch as both the parties are co-villagers. Learned counsel further submits that the petitioner has no criminal antecedent and there is no specific allegation of committing dacoity by the petitioner in the house of the informant. Learned counsel further submits that specific allegation is against three persons who allegedly broke open the box and took away the ornaments and cash. Learned counsel further submits that the petitioner is languishing in jail since 16.06.2019.

After having heard learned counsel for the parties and taking into consideration the fact that no specific allegation is there against the petitioner and the petitioner has got no criminal antecedent and both the parties are co-villagers, therefore, I am inclined to grant regular bail to the petitioner. Accordingly, the petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Katihar in connection with Barari (Semapur) P.S. Case No. 8 of 2018.

(Anil Kumar Sinha, J) Anjula/- U