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Patna High Court

Mukesh GoswamiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions.

Summary

The petitioners, Mukesh, Pawan and Mankhush Goswami, applied for anticipatory bail in connection with FIR No.614 of 2025 alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused assaulted and attempted to kill several persons, causing injuries and theft. The petitioners contended that the injuries were minor and did not substantiate the serious allegations, and that two of them had no criminal record while the third was on bail for a prior case. The State opposed the bail. Considering the nature of the injuries, the lack of prior convictions for two petitioners, and the presence of only a pending case for the third, the Court inclined to grant anticipatory bail with a bond of Rs.10,000 and specific conditions under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the alleged offences and the nature of injuries
  • Whether the petitioners' criminal antecedents, or lack thereof, affect the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure
  • Section 438
  • Section 482
  • bail conditions
  • simple injuries
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17706 of 2026
                         Arising Out of PS. Case No.-614 Year-2025 Thana- JAMUI District- Jamui
                 ======================================================
           1.     Mukesh Goswami Son of Dayanand Goswami Resident of Village- Suggi,
                  P.S.- Jamui, District- Jamui
           2.    Pawan Goswami Son of Dayanand Goswami Resident of Village- Suggi,
                 P.S.- Jamui, District- Jamui
           3.    Mankhush Goswami Son of Mukesh Goswami Resident of Village- Suggi,
                 P.S.- Jamui, District- Jamui

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pankaj Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                      Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Jamui P.S. Case No.614 of 2025, F.I.R dated

                   08.11.2025 registered for the offences punishable under

                   Sections 126(2), 15(2), 352, 109, 118(1), 303(2), 3(5), 117(2)

                   and 351(2) of the Bharatiya Nyaya Sanhita, 2023.

                               3.     According to prosecution case, on 07.11.2025 at

                   about 7:30 P.M., while she was sitting in her house, the accused

                   persons suddenly arrived and started abusing her. Upon protest,

                   Mukesh Goswami and Pawan Goswami, armed with swords and
Patna High Court CR. MISC. No.17706 of 2026(2) dt.25-03-2026
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          allegedly acting at the instigation of Dayanand Goswami,

          assaulted Lalu Goswami and Kanhaiya Goswami with an

          intention to kill, causing head injuries to both. It is further alleged

          that Mankhush Yadav pushed Kanhaiya Goswami to the ground

          and snatched Rs.25,000/- in cash and a gold chain. When the

          informant objected, Mankhush Goswami allegedly assaulted her

          with an iron rod with intent to kill, causing injury to her hand

          resulting in fracture. Rinku Devi and Komal Devi also allegedly

          assaulted the informant by pulling her hair and beating her.

                      4. Learned counsel for the petitioners submits that the

          nature of injuries sustained by the informant does not

          corroborate the nature of allegations levelled in the F.I.R. as the

          injuries have been sustained on his arm and wrist and with

          regard to other persons, the injuries have been found to be

          simple in nature and there is no specific allegation of any overt

          act levelled against the petitioner rather the allegations are

          general and omnibus in nature. It has next been submitted that

          the one co-accused person, namely, Dayanand was already taken

          into judicial custody and is on bail. Lastly, it has been submitted

          that petitioner Nos. 1 and 2 have no criminal antecedent while

          petitioner No.3 has one criminal antecedent in which he is on

          bail.
Patna High Court CR. MISC. No.17706 of 2026(2) dt.25-03-2026
                                            3/4




                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the injuries sustained by the injured persons are simple in

          nature and with regard to the informant, the injuries does not

          corroborate the allegations levelled in the F.I.R. and petitioner

          Nos. 1 and 2 have no criminal antecedent while petitioner No.3

          has one criminal antecedent in which he is on bail. Accordingly,

          this Court is inclined to grant the privilege of anticipatory bail to

          the petitioners.

                       7. Let the petitioners, above named, in the event of

          their arrest or surrender before the Court below within a period

          of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Jamui, in connection with

          Jamui P.S. Case No.614 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide
           Patna High Court CR. MISC. No.17706 of 2026(2) dt.25-03-2026
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                     official document/personal affidavit to show his/her bona fide;

                                  (ii) the petitioner(s) shall appear on each and every

                     date before the Trial Court and failure to do so for two

                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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