Deepak Goswami Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Deepak Goswami Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on regular bail in S. Tr. No.333 of 2025 (arising out of Ishipur(Barahat) P.S. Case No.144 of 2023) on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bhagalpur, with the condition that the petitioner shall remain physically present on each and every date fixed by the Trial Court till conclusion of the trial.

Issue for consideration

Whether the petitioner, in custody for offences under Sections 341, 323, 324, 325, 307, 504 and 506 BNS in Ishipur (Barahat) P.S. Case No.144 of 2023, should be released on regular bail. +1 more

Court's answer

Considering the facts and circumstances of the case and the submissions of counsel, the petitioner was ordered to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, subject to remaining physically present on each and every date fixed by the Trial Court till conclusion of the trial.

Ratio / Principle

On perusal of the FIR, the impugned order dated 17.07.2025 and the injury report, the Court found that the injury sustained by Putul Devi was caused by hard and blunt substance and no mouth injury was found by the Doctor, contrary to the allegation in the FIR.

Detailed headnote1 paragraphs

Bail granted - Patna High Court, Criminal Miscellaneous No.58158 of 2025 (order dated 27-08-2025, Ramesh Chand Malviya, J): Deepak Goswami, in custody since 20.12.2024 in Ishipur (Barahat) P.S. Case No.144 of 2023 (District Bhagalpur) for offences punishable under Sections 341, 323, 324, 325, 307, 504 and 506 BNS, released on regular bail in S. Tr. No.333 of 2025 before learned Additional Sessions Judge-IV, Bhagalpur. The FIR alleged that the petitioner assaulted the informant's mother, Putul Devi, with a sharp edged weapon on her head and then with bricks on her mouth, breaking two teeth; however, on perusal of the FIR, the impugned order dated 17.07.2025 and the injury report, the Court found the injury was caused by hard and blunt substance and no mouth injury was found by the Doctor as alleged in the FIR. Bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each; condition imposed that the petitioner shall remain physically present on each and every date fixed by the Trial Court till conclusion of the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58158 of 2025

Arising Out of PS. Case No.-144 Year-2023 Thana- ISHUPUR BARAHAT DistrictBhagalpur

======================================================

Deepak Goswami, aged about 23 years, male, S/o- Late Suresh Goswami Village- Naya Tola Badluganj, Ps- Ishipur, Barahat, District- Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

2 27-08-2025

Heard learned counsel for the petitioner and learned

APP for the State.

Petitioner is in custody in a case registered for the offence punishable under Sections 341, 323, 324, 325, 307, 504 and 506 of the B.N.S.

As per the allegation in the FIR, the petitioner had assaulted the mother of the informant, namely, Putul Devi by sharp edged weapon on her head after which her head got broken and blood started floating and she fell down and then the petitioner again assaulted his mother on her mouth with bricks as a result of which her two teeth got broken.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.58158 of 2025(2) dt.27-08-2025 2/3

case. He next submits that there is a dispute with regard to a passage and flowing of water in nala was going on between the parties and on the alleged dated of occurrence the informant’s family members were abusing the female members of the petitioner’ side and when some hot altercation took place between them the informant’s mother got injured. He further submits that the FIR has been lodged after a delay of two days without any plausible explanation. He next submits that from perusal of the FIR, it is alleged that the injured lady, namely, Putul Devi sustained injury caused by sharp edged weapons and it is also alleged that her tooth got broken by means of bricks but from perusal of the injury report (Annexure-P/2) it appears that no mouth injury could be found by the Doctor and only one lacerated wound on the parietal region caused by hard and blunt substance has been found on her body. He next submits that petitioner is in custody since 20.12.2024 and has got clean antecedent as stated in para-3 of the bail petition.

Learned APP for the State opposes the prayer for Regular bail of the petitioner.

On perusal of the First Information Report, impugned order dated 17.07.2025 and injury report produced by learned counsel for the petitioner, it appears that injury sustained

Patna High Court CR. MISC. No.58158 of 2025(2) dt.27-08-2025 3/3

by the injured, namely, Putul Devi has caused by hard and blunt substance and no mouth injury has been found by the Doctor as alleged in the FIR. So, considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV, Bhagalpur in connection with S. Tr. No.333 of 2025 arising out of Ishipur(Barahat) P.S. Case No.144 of 2023 with a condition that petitioner shall remain physically present on each and every date fixed by the learned Trial Court till conclusion of the trial.

(Ramesh Chand Malviya, J)

Harshita/-

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