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Patna High CourtCR. MISC./70782/2023allowed

Ranjit Goswami @ Ranjeet Goswami v. The State Of Bihar

2023-11-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70782 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== Ranjit Goswami @ Ranjeet Goswami Son Of Satyanarayan Goswami Resident Of Village - Jamsar Bazar, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of Arms Act.

3. The prosecution case in nutshell is that six unknown miscreants entered into the jewellary shop of informant with pistol in their hand. It is further alleged that they assaulted the informant with the butt of pistol due to which he sustained head injuries. The miscreants also fired which hit in leg of the informant's son.

4. 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. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing

Patna High Court CR. MISC. No.70782 of 2023(2) dt.28-11-2023 2/2 incriminating article has been recovered from his possession. The name of petitioner sprang up in this case on confessional statement of co-accused Pankaj Yadav. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused namely, Rehan Khan @ Golden has already been granted bail by this Bench vide order dated 07.11.2023 passed in Cr. Misc. No. 71861 of 2023. Moreover, the petitioner is languishing in judicial custody since 31.05.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. 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 P.S. Case No. 44 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