Birendra Goswami @ Birendra Gosai @ Virendra Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2613 of 2023 Arising Out of PS. Case No.-88 Year-2020 Thana- MALI District- Aurangabad ====================================================== Birendra Goswami @ Birendra Gosai @ Virendra Goswami, Son of Ramashish Goswami @ Ramashish Gosai, Resident of Village- Bairwa Loknath, P.S.- Mali, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2023 Heard learned counsel for the parties.
The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 307, 379, 323, 324, 341, 147, 149 and 504 of the Indian Penal Code. As per the prosecution case, the petitioner is said to have given a garasa blow on the head of the father of the informant leading to grievous injury.
It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 19.12.2022 (Annexure-1) passed in Cr. Misc. no. 9728 of 2022 giving liberty to the petitioner to renew his prayer for bail after six months or framing of charge, whichever is earlier. Learned counsel in reference to Annexure-5 (page no.24) submitted that charge has been framed against the petitioner in
Patna High Court CR. MISC. No.2613 of 2023(2) dt.22-03-2023 2/2 the learned trial Court on 4.11.2022. The petitioner is in custody since 18.1.2022 and undertakes to cooperate in the trial. Heard learned A.P.P for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation, liberty granted to the petitioner by the aforesaid order of rejection dated 19.12.2022, charge having been framed in the case together with the petitioner having remained in custody for more than 1 year since 18.1.2022, the petitioner is directed to be enlarged on bail in connection with Mali P.S. Case no.88 of 2020 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- Ist, Aurangabad. (Partha Sarthy, J) avinash/- U T