In a bail appeal arising from an assault case, the High Court allowed the appeal and remanded the matter to the Judicial Magistrate to grant bail to the appellant after setting aside the lower court's bail refusal order.
Bail granted to appellant on Rs.10,000 bond with two sureties; impugned bail rejection order set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Appeal (SJ) No.598 of 2017
Arising Out of PS.Case No. -111 Year- 2016 Thana -GOH District- AURANGABAD
====================================================== RAMASHANKAR DIVEDI S/O- SRI BHARDWAJ DUBEY, RESIDENT OF VILLAGE- GOH (GOLA), P.S.- GOH, DISTRICT- AURANGABAD.
.... .... APPELLANT/S
VERSUS
THE STATE OF BIHAR .... .... RESPONDENT/S ====================================================== Appearance : For the Appellant/s : Mr. Vijay Kumar Sinha, Adv. For the Respondent/s : Mr. Smt Usha Kumari No-1, SPP
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
3 12-04-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.
Informant who happens to be painter while was engaged in painting building of Parasar Dubey, appellant Ramashankar Divedi came, threw all the paints and further abused the informant by his caste name. When Parasar Dubey came out from his house, he was also abused as well as assaulted. It has also been disclosed that at that very moment appellant taken out rupees two thousand.
Considering allegation as well as being under custody since 24.11.2016 appellant Rama Shankar Divedi is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Sri Kaushlendra Kumar Sukla, Judicial Magistrate, Ist Class, Daudnagar, Aurangabad in connection with Goh P.S. Case No.111 of 2016, after setting aside the order dated 05.01.2017 passed by Special Judge, SC/ST, Aurangabad in connection with B.P. No.1608/2016.
Patna High Court CR. APP (SJ) No.598 of 2017 (3) dt.12-04-2017
2
Consequent thereupon, appeal is allowed.
(Aditya Kumar Trivedi, J.)
Prakash Narayan U T
1 issue framed by the court
Whether the appellant should be released on bail and the impugned bail order be set aside.
Ramashankar Divedi
State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
