Jay Prakash Goswami v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59367 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- Manikpur District- Lakhisarai ====================================================== 1.
Jay Prakash Goswami S/O Late Ram Bilash Goswami R/O Vill.- Konipar, P.S.- Manikpur, Dist.- Lakhisarai 2.
Sanjay Goswami S/O Late Ram Bilash Goswami R/O Vill.- Konipar, P.S.- Manikpur, Dist.- Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar,Adv.
For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2025 Heard Mr. Mukesh Kumar, learned counsel for the petitioners and Mr. Mohammad Sufyan, learned APP for the State.
2. Petitioners seek regular bail in connection with Manikpur P.S. Case No. 55/ 2025 dated 29.05.2025 registered for the offence(s) punishable under Sections 191(2), 191(3), 126, 117(2), 115(2), 109(1), 303(2), 352 and 351(3) of the BNS.
3. As per the prosecution's story, all the nine FIR named accused persons, including the petitioners, variously armed, suddenly started assaulting the informant's brother, Ravindra Goswami with an intention to kill him. It is further alleged that the petitioner No.2, Sanjay Goswami assaulted the
Patna High Court CR. MISC. No.59367 of 2025(2) dt.29-08-2025 2/3 victim on his head by means of Lathi and co-accused, Rajesh Goswami also assaulted him with Lathi on his thigh as a result of which he fell down on the ground.
4. The main submissions advanced by the petitioners' counsel are that there is case and counter case in between both the parties, both the petitioners have been languishing in jail since 28.06.2025, FIR of the instant case was filed by the informant in retaliation of Manikpur P.S. Case No. 54 of 2025 lodged by the petitioner No.1 and in fact, there was a free fight in between the parties in which both the sides sustained injuries.
5. The learned APP appearing for the State has opposed the bail prayer of the petitioners.
6. Considering the seriousness of allegation appearing against petitioner No.2, who is alleged to have assaulted on the head of the victim, Ravindra Goswami and as per the trial court's order, the said victim has sustained grievous injury and fracture of his head bone was found, in my opinion, the said petitioner does not deserve to the privilege of bail. Accordingly, his prayer stands rejected.
7. So far as petitioner No.1, Jay Prakash Goswami is concerned, against him there is no serious allegation, so, considering this aspect his prayer for bail is allowed.
Patna High Court CR. MISC. No.59367 of 2025(2) dt.29-08-2025 3/3 Accordingly, let the petitioner No.1, named-above, be released on bail in connection with Manikpur P.S. Case No. 55/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) BKS/- U T