Badri Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78758 of 2023 Arising Out of PS. Case No.-409 Year-2023 Thana- MASAUDHI District- Patna ====================================================== 1.

Badri Goswami S/O Radhe Goswami Resident Of Bahadi Bigha, Ps. Sare, Dist. Nalanda 2.

Pankaj Goswami @ Pankaj Kumar S/O Badri Goswami Resident Of Bahadi Bigha, Ps. Sare, Dist. Nalanda 3.

Kunal Goswami S/O Pashupati Nath Goswami R/O Village- Khapura, Ps. Nagar Nausa, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, all the accused persons including the petitioners are said to have abused and assaulted the informant and also snatched a golden chain from the neck and took out Rs. 7000/- from the pocket of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.78758 of 2023(2) dt.11-12-2023 2/2 case. He further submits that there is general and omnibus allegation against the petitioners. He submits that there is no specific overt act against the petitioners. He further submits that the injury found upon the victim is simple in nature. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the nature of the injury, let the petitioners, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Masaurhi P.S. Case No.409 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T