Bangali Guard @ Masudan Goswami @ Madhusudan Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44084 of 2023 Arising Out of PS. Case No.-449 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Bangali Guard @ Masudan Goswami @ Madhusudan Goswami, Son Of Late Santosh Kumar Goswami Resident Of Village- E Road Postal Colony, Bidupur, Ps- Birupur, Distt- Singhbhum, Jamshedpur, Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 449 of 2022 dated 30.05.2022 registered for the offences punishable u/s 302 read with Section 34 of the Indian Penal Code.
4. As per the prosecution case, the petitioner and the co-accused persons along with 2-3 unknown persons in connivance with one another are alleged to have committed
Patna High Court CR. MISC. No.44084 of 2023(2) dt.25-07-2023 2/2 murder of the informant's father.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that there is no eye witness to the alleged occurrence. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.05.2022.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 449 of 2022.
8. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T