The High Court at Patna granted regular bail to the petitioner in a criminal case alleging culpable homicide and other offenses, noting that charges had been framed and the petitioner remained in custody for over a year.
Petitioner enlarged on bail via bond of Rs. 10,000 with two sureties of equal amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2613 of 2023
Arising Out of PS. Case No.-88 Year-2020 Thana- MALI District- Aurangabad
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Birendra Goswami @ Birendra Gosai @ Virendra Goswami, Son of Ramashish Goswami @ Ramashish Gosai, Resident of Village- Bairwa Loknath, P.S.- Mali, District- Aurangabad
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 22-03-2023 Heard learned counsel for the parties.
The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 307, 379, 323, 324, 341, 147, 149 and 504 of the Indian Penal Code.
As per the prosecution case, the petitioner is said to have given a garasa blow on the head of the father of the informant leading to grievous injury.
It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide order dated 19.12.2022 (Annexure-1) passed in Cr. Misc. no. 9728 of 2022 giving liberty to the petitioner to renew his prayer for bail after six months or framing of charge, whichever is earlier. Learned counsel in reference to Annexure-5 (page no.24) submitted that charge has been framed against the petitioner in
Patna High Court CR. MISC. No.2613 of 2023(2) dt.22-03-2023 2/2
the learned trial Court on 4.11.2022. The petitioner is in custody since 18.1.2022 and undertakes to cooperate in the trial.
Heard learned A.P.P for the State.
Having heard learned counsel for the parties and taking into consideration the nature of allegation, liberty granted to the petitioner by the aforesaid order of rejection dated 19.12.2022, charge having been framed in the case together with the petitioner having remained in custody for more than 1 year since 18.1.2022, the petitioner is directed to be enlarged on bail in connection with Mali P.S. Case no.88 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- Ist , Aurangabad.
(Partha Sarthy, J)
avinash/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail after the framing of charges and remand in custody for over a year.
1 provisions across 1 enactments
Birendra Goswami
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
