Madan Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2063 of 2021 Arising Out of PS. Case No.-97 Year-2020 Thana- RANIGANJ District- Araria ====================================================== 1.

MADAN GOSWAMI Son of Balmiki Goswami, 2.

Govind Goswami @ Gobind Kumar, Son of Balmiki Goswami, 3.

Raghunandan Choudhary, Son of Gonar Choudhary, 4.

Gita Devi Wife of Gonar Choudhary, 5.

Champa Devi Wife of Balmiki Goswami, 6.

Sitaram Mandal, Son of Late Mathuri Mandal, 7.

Ramanand Mandal, Son of Mathuri Mandal, All are Residents of Village - Kohwara Vishanpur, Ward No. -7, P.S. - Raniganj, District - Araria.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-11-2021 Heard the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 354, 379, 504, 506/34 of the Indian Penal Code. Learned counsel for the petitioners seeks permission to withdraw this application on behalf of the petitioner no. 1 and 2 they have been granted bail by the learned Court below. Learned counsel for the petitioners further submits that the petitioner nos. 3 to 7 are concerned that there is general and omnibus allegation against them. There is specific allegation against co-accused, namely, Balmiki Goswami, who

Patna High Court CR. MISC. No.2063 of 2021(3) dt.15-11-2021 2/2 assaulted by Khanti blow on the head of the informant's husband.

In the aforesaid facts, this application is allowed. Let the petitioner nos. 3 to 7, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Araria in connection with Raniganj (G.R. No. 673/2020) P. S. Case No. 97/2020, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. In case the petitioner nos. 1 and 2 surrender and pray for regular bail before the Court below within a period of four weeks from today, the Court below will consider the petition for regular bail of the petitioner nos. 1 and 2 without being prejudiced by the fact that before this court, they have withdrawn their anticipatory bail application. The Court below also consider the fact that there is no allegation against them of assault.

(Sandeep Kumar, J) amitkumar/- U T