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Patna High CourtCR. MISC./48838/2015bail granted

Naresh Goswami v. The State Of Bihar

2016-02-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48838 of 2015 Arising Out of PS.Case No. -1 Year- 2007 Thana -JALALGARH District- PURNIA ====================================================== Naresh Goswami, son of Mohan Goswami, resident of Village - Dhalpur Siso Tola, Police Station Amour, District Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh, Advocate. For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-02-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

Earlier, the prayer for bail of petitioner was rejected by this Court vide order dated 09.02.2015 passed in Cr. Misc. No. 5247/2015 but again this bail petition is filed on behalf of the petitioner on the ground that in course of trial, almost all the socalled eye-witnesses have already been examined but they have not named the petitioner as assailant; rather the informant of the present case stated that his father fell down on earth and sustained injury.

The trial court has reported that all the material witnesses except the doctor and the investigating officer have

Patna High Court Cr.Misc. No.48838 of 2015 (3) dt.03-02-2016 2/2 already been examined and to ensure the presence of the doctor and the investigating officer, the processes have already been issued. The petitioner is in jail custody since 04.09.2013 and, therefore, considering the aforesaid submissions of the parties as well as the period of detention of the petitioner and also the facts and circumstances of the case, the above named petitioner is directed to 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 the learned 3rd Additional Sessions Judge, Purnia in connection with S.T. No. 1487/2013, arising out of Jalalgarh P.S. Case No. 1/2007.

(Hemant Kumar Srivastava, J) Dilip/- U T