Patna High CourtCR. MISC./18692/2018bail granted

Birendra Goswami v. The State Of Bihar

2018-04-03Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18692 of 2018 Arising Out of PS.Case No. -300 Year- 2017 Thana -BARHARA District- BHOJPUR ======================================================

1. Birendra Goswami Son of Late Sheojee Goswami Resident of VillageMatukpur, Police Station-Barahara, District-Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323 and 302/34 of the Indian Penal Code.

For dispute relating to non-refund of money, coaccused Langara Mian caught the deceased and co-accused Chotu committed assault with Chaku (knife) as a result whereof Kamlesh died during course of treatment.

Submission is that no overt act is alleged against the petitioner. Rather the FIR would reveal that the petitioner was not present at the time of subsequent occurrence of commission of death.

Learned counsel for the informant opposed the

Patna High Court Cr.Misc. No.18692 of 2018 (2) dt.03-04-2018 2/2 prayer for bail on the ground that in the matter of bail application of co-accused Langra Mian, this Court has called for case diary. Considering the aforesaid fact, let the petitioner, above named, be released 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 below where the case is pending in connection with Barahara Police Station Case No. 300 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T