Patna High Court
Sanjay Goshwami @ Sanjay Kumar Goshwami @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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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