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Patna High CourtCR. MISC./980/2023allowed

Ramesh Goswami v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.980 of 2023 Arising Out of PS. Case No.-242 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== Ramesh Goswami S/O Sri Baijnath Goswami Resident Of Village- Pipra Karouti, P.S.- Udakishunganj, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that while the informant was returning home after conducting Panchayat election, two motorcycle borne criminals tried to stop the informant and when he did not stop, one of them fired from his

Patna High Court CR. MISC. No.980 of 2023(4) dt.02-11-2023 2/3 pistol which hit on the right leg of the informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R and he has been made accused in this case only on the basis of suspicion. The petitioner has got no concern with the alleged occurrence. There is no eye witness to the occurrence. The petitioner is languishing in custody since 31.03.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I-cum-Special Judge, Madhepura in connection with Bihariganj P.S. Case No. 242 of 2021

Patna High Court CR. MISC. No.980 of 2023(4) dt.02-11-2023 3/3 (Sessions Trial No. 143/2022).

(Sunil Kumar Panwar, J) Shageer/- U T