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Patna High Court

Sanjay Goshwami @ Sanjay Kumar Goshwami @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Considering the petitioner’s prolonged pre‑trial custody of over six months and the fact that charges have been framed, the court held that regular bail should be granted notwithstanding the seriousness of the allegations.

Summary

The petitioner, Sanjay Goshwami, was arrested in connection with S.Tr. No. 308 of 2025 for offences under Sections 191(2), 191(3), 126, 115(2), 109(1), 117(2), 303(2), 352 and 351(3) of the B.N.S, 2023. He had been in custody for more than six months and the charges had been formally framed. The petitioner argued that his prolonged detention, the framing of charges, a prior assault on him by the co‑sharer, and an underlying land dispute warranted regular bail. The State opposed the bail application. The court, after weighing the seriousness of the allegations against the length of pre‑trial detention and the stage of trial, decided to grant regular bail on a bond of Rs.20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged.
  • Whether the petitioner’s prolonged pre‑trial custody of over six months and the framing of charges justify the grant of bail.

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126, 191(2), 191(3), 303(2), 351(3), 352

Subjects

  • regular bail
  • pre‑trial detention
  • charges framed
  • land dispute
  • co‑sharers
  • assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91574 of 2025
                      Arising Out of PS. Case No.-55 Year-2025 Thana- Manikpur District- Lakhisarai
                 ======================================================
                 Sanjay Goshwami @ Sanjay Kumar Goshwami @ Sanjay Kumar, Son of
                 Rambilash Goshwami, Resident of village - Konipar, P.S.- Manikpur, District
                 - Lakhisarai.                                             ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Adv.
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                    1. Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. Petitioner seeks regular bail in connection with

                   S.Tr. No. 308 of 2025 arising out of Manikpur P.S. Case No. 55

                   of 2025 dated 29.05.2025 registered for the offence(s)

                   punishable under Section(s) 191(2), 191(3), 126, 115(2), 109(1),

                   117(2), 303(2), 352 and 351(3) of the B.N.S, 2023.

                                3. The main submissions advanced by the petitioner's

                   counsel are that this is the second attempt of the petitioner

                   before this court to get the relief of regular bail and there are

                   two new circumstances having arisen in his favour entitling him

                   to the relief of the bail, firstly, his present custody period which

                   is more than six months and secondly the charges have been

                   framed against the petitioner. It is further submitted that both the

                   parties are co-sharers and the petitioner was badly assaulted by
              Patna High Court CR. MISC. No.91574 of 2025(2) dt.09-01-2026
                                                          2/2




                        the prosecution party as a result of which he sustained two

                        injuries, one of which was grievous in nature, in this regard,

                        Manikpur P.S. Case No.              54 of 2025 was lodged and only

                        thereafter, the FIR of the present matter was registered. It is

                        lastly submitted that in between both the parties there is a land

                        dispute.

                                     4. Learned APP appearing for the State has opposed

                        the bail prayer of the petitioner.

                                     5.    Heard both the sides and perused the relevant

                        materials.        Though, against this petitioner, there is serious

                        allegation, however, considering his present custody period and

                        the stage of his trial, this court is now inclined to release him on

                        bail. Accordingly, let the petitioner named-above be released on

                        bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the concerned Court in connection with S.Tr. No.

                        308 of 2025 arising out of Manikpur P.S. Case No. 55 of 2025.


                                                  (Shailendra Singh, J)
Rajiv/-

U         T


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