Criminal appeal filed by Ghutru Chaudhary challenging an order refusing bail. The High Court, on oral hearing, allowed the appeal and granted bail to the appellant by setting aside the impugned order.
Appellant directed to be released on bail on Rs. 10,000 with two sureties; order dated 20.06.2016 set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.191 of 2017
Arising Out of PS.Case No. -65 Year- 2016 Thana -BALIA District- BEGUSARAI
====================================================== Ghutru Chaudhary @ Ghutar Chaudhary, son of Late Baiku Chaudhary, resident of village- Maksudpur, Police Station- Balia in the district of Begusarai
.... .... Appellant/s Versus The State of Bihar .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Prabhu Narayan Sharma, Advocate For the Respondent/s : Mr. Sri Sadanand Paswan, S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
6 03-04-2017
Heard learned counsel for the appellant as well as learned Special P.P. and learned counsel for the informant.
Informant had alleged that while she was present at the flour mill of Rakesh, her dewar Mahesh as well as Ram Pravesh were passing through over motorcycle who were prevented by the accused persons whose name finds place therein including the appellant and further, on an order of Surendra Chaudhary, apart from Surendra Chaudhary, Himat Chaudhary, Jitendra Chaudhary and Chhotelal Chaudhary murdered both of them by way of indiscriminate firing. From perusal of the case diary, it is evident that though informant stood by her statement while others made in omnibus manner. Even considering the statement of the informant, appellant is not an assailant.
Patna High Court CR. APP (SJ) No.191 of 2017 (6) dt.03-04-2017
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Accordingly, appellant Ghutru Chaudhary @ Ghutar Chaudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 65 of 2016, after setting aside the order dated 20.06.2016 passed by Special Judge-I, SC/ST, Begusarai.
Consequent thereupon, appeal is allowed.
(Aditya Kumar Trivedi, J)
Vats/-
U T
1 issue framed by the court
Whether the appellant should be granted bail pending appeal challenging the order refusing bail.
Ghutru Chaudhary
The State of Bihar
ADITYA KUMAR TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
