Patna High Court
Anand Kumar Goshwami @ Anandi Goshwami @ Anand GoshwamiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
Anand Kumar Goshwami was implicated in a theft and assault case where a bag and a mobile phone were stolen from a train and a woman was injured while pursuing the accused. The prosecution’s case relied on a confessional statement by a co-accused, Aman, who named the petitioner, though no material was recovered from him. The petitioner sought regular bail under several IPC sections (61(2), 112, 307, 305(a), 313) and Section 66 of the IT Act, arguing that co‑accused Md. Filtar and Md. Sinku had already been granted bail in similar circumstances. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. After considering the lack of recovered evidence, the similarity to the co‑accused cases, and the petitioner’s prolonged custody since 28‑04‑2025, the court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged under IPC sections 61(2), 112, 307, 305(a), 313 and IT Act section 66.
- Whether the confessional statement of a co‑accused is sufficient to deny bail to the petitioner.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 112, 305(a), 307, 313, 61(2)
- Information Technology Act — s. 66
Subjects
- regular bail
- IPC sections
- Information Technology Act
- confessional statement
- co‑accused
- criminal antecedent
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91705 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- BHAGALPUR GRP CASE District-
Bhagalpur
======================================================
Anand Kumar Goshwami @ Anandi Goshwami @ Anand Goshwami S/o
Late Ramanand Goshwami @ Ramananda Goswami R/o village- Janidih, P.S.
- Ghogha, Dist. --Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 61(2), 112,
307, 305(a) & 313 of the BNS and under Section 66 of the
Information Technology Act.
3. The case of the prosecution, in short, is that
unknown miscreants have lifted a bag from a train and a mobile
of Realme company. While the lady whom these articles belong,
tried to chase the accused persons, she was pushed near the gate
of the running train due to which she fell down and sustained
injuries.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.91705 of 2025(3) dt.18-02-2026
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FIR was lodged against unknown miscreants. During course of
investigation one Aman @ Amaniya was apprehended and he
has given his confessional statement and he has named this
petitioner in his confessional statement. Learned counsel for the
petitioner has further submitted that nothing has been recovered
from the possession of this petitioner. It has further been
submitted that similarly situated co-accused Md. Filtar and Md.
Sinku have been granted bail by this Court and by learned Co-
ordinate Bench vide Cr. Misc. Nos. 71947 of 2025 and 71942 of
2025 respectively. The case of this petitioner stands on similar
footing. Learned counsel for the petitioner has submitted that
the petitioner is languishing in judicial custody since
28.04.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the bail and has submitted that the
petitioner is having criminal antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Session Trial No. 780 of 2025, arising out of Bhagalpur G.R.P.S.
Case No. 79 of 2025 on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.91705 of 2025(3) dt.18-02-2026
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thousand) with two sureties of the like amount each to the
satisfaction of learned District and Additional Sessions Judge-
XI, Bhagalpur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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