Arun Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39068 of 2023 Arising Out of PS. Case No.-324 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== 1.

ARUN GOSWAMI SON OF LATE UCHIT NARAYAN GOSWAMI VILLAGE MAHESHPUR MARWA STHAN SHITAL PRASAD LANE P.S. BABARGANJ DISTRICT BHAGALPUR 2.

INNA DEVI WIFE OF ARUN GOSWAMI VILLAGE MAHESHPUR MARWA STHAN SHITAL PRASAD LANE P.S. BABARGANJ DISTRICT BHAGALPUR 3.

SHUBHAM GOSWAMI @ SHUBHAM KUMAR SON OF ARUN GOSWAMI VILLAGE MAHESHPUR MARWA STHAN SHITAL PRASAD LANE P.S. BABARGANJ DISTRICT BHAGALPUR 4.

ABHISHEK KUMAR @ BHOLU KUMAR SON OF ARUN GOSWAMI VILLAGE MAHESHPUR MARWA STHAN SHITAL PRASAD LANE P.S. BABARGANJ DISTRICT BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 354B, 379 and other allied Sections of the Indian Penal Code. 3.

Allegedly, the petitioners and other co-accused persons assaulted the informant's side by means of several weapons due to which they sustained injuries.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.39068 of 2023(2) dt.03-08-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. He further submits that the injuries are of simple nature, which is clear from the impugned order itself. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Mojahidpur (Babarganj) P.S. Case No.324 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T