Sanjeet Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64087 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Sanjeet Goswami Son of Khyali Goswami @ Kheyali Goswami @ Kheali Gosai R/o vill - Hussepur, P.S. - Bhore, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 313, 414/34 of the Indian Penal Code.

Prosecution case relates to recovery of theft motorcycle from the possession of the petitioner which was being rided by the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case on the basis self confessional statement before the police which has no evidentiary value in the eye of law. He had no knowledge that

Patna High Court CR. MISC. No.64087 of 2023(2) dt.11-10-2023 2/2 the alleged motorcycle is a stolen property which has been given to ride by other co-accused Guddu Chauhan. He has no concern with the business of the co-accused Guddu Chauhan and others. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is also submitted that petitioner is languishing in judicial custody since 15.05.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Phulwariya (Fulwariya) P.S. Case No.162 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XVI, Gopalganj.

(Sunil Kumar Panwar, J) lata/- U T