Rajesh Goshwami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83042 of 2019 Arising Out of PS. Case No.-180 Year-2019 Thana- SINGHESHWAR District- Madhepura ====================================================== RAJESH GOSHWAMI Son of Bijendra Goshwami Resident of Village and Police Station - Singheshwar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Singheshwar P. S. Case No. 180 of 2019 instituted for the offence under Section(s) 302 and 120B/34 of the Indian Penal Code.

The prosecution case, as per the informant's version is that her husband went to 'Singheshwar' market along with his co-villager Manoj. The accompanying co-villager informed the informant that 9 named accused persons, including the petitioner and 8-10 unknown persons, have beaten her husband to death.

The petitioner has been implicated on such statements and is in custody since 09.08.2019. It is submitted by the petitioner's counsel that two cases are pending against the

Patna High Court CR. MISC. No.83042 of 2019(2) dt.14-01-2020 2/3 petitioner, details of which has been mentioned in paragraph no.3 of the bail petition, in those cases the petitioner is on bail. It is a case of false implication and other named co-accused persons have already been allowed bail in Cr. Misc. Nos. 67022 of 2019 and 80711 of 2019. Another accused of the instant case, namely Sanjay Ramani @ Sanjay Kumar, who was also having criminal antecedents, has been allowed bail in Cr. Misc. No. 84756 of 2019.

The learned APP for the State has opposed the prayer for bail.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Singheshwar P. S. Case No. 180 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.83042 of 2019(2) dt.14-01-2020 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U