Radheshyam Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 19007 of 2020 ==========================================================

1. Radheshyam Goswami, aged about 50 years, Son of Late Ram Bachan Goswami.

2. Tappu Goswami, aged about 30 years, Son of Radheshyam Goswami.

3. Law Kush Goswami @ Law Kush Kumar, Son of Radheshyam Goswami.

4. Babloo Goswami, aged about 22 years, Son of Radheshyam Goswami.

5. Mohan Goswami, aged about 19 years, Son of Radheyshyam Goswami. All R/o Village-Awari, P.S.-Mohania, District-Kaimur (Bhabhua). ...........Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kali Prasanna Dubey, Adv. For the State : Mr. Satyendra Prasad, APP =========================================================== CORAM : HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02/- 21-07-2020 Heard Mr. Kali Prasanna Dubey, learned counsel for the petitioners and Mr. Satyendra Prasad, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Mohania P.S. Case No. 5 of 2020, dated 02.01.2020, instituted for the offences under Sections 341, 323, 307, 379, 427, 504 and 506/34 of the Indian Penal Code.

From the narration of the F.I.R., it appears that two shopkeepers have fought amongst themselves and the informant has received simple injuries.

Though the occurrence is said to have taken place on protest because of water being spilled over in the shop of one of the shopkeepers, but the fact of the matter is that there was some kind of business rivalry.

Regard being had to the nature of accusation in the F.I.R. and also taking into account the clean antecedent of the petitioners, they, in the event of their arrest/surrender before the Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection Mohania P.S. Case No. 5 of 2020 (G.R. No. 13 of

2020), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J.) Praveen-II/- U T