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Patna High CourtCR. APP (SJ)/523/2019allowed

Ramdeo Goshwami @ Ramdeo Goshi @ Ramdeo Goshai v. The State Of Bihar

2019-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.523 of 2019 Arising Out of PS. Case No.-01 Year-2017 Thana- CHANDAMUNDI District- Jamui ====================================================== Ramdeo Goshwami @ Ramdeo Goshi @ Ramdeo Goshai, son of Harkhu Goshwami, Resident of village-Yogidih, P.S.- Chandramandi, District- Jamui. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Pramod Kumar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 13-02-2019 This is an appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer of anticipatory bail dated 05.01.2019 passed by the learned Addl. Sessions Judge-1stcum-Special Judge, Jamui in ABP No. 1634 of 2018 arising out of Chandramandi P.S.Case No. 01 of 2017 registered under Sections 307, 323, 324, 325, 341 and 504/34 of the Indian penal Code and Sections 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Allegation against the appellant and other accused persons that they came to the house of the informant and started abusing and also assaulted him by Danda, sword and Bhala causing injury.

Submission of learned counsel for the appellant is that no specific allegation has been attributed against the appellant

Patna High Court CR. APP (SJ) No.523 of 2019 dt.13-02-2019 2/2 rather the same is against Ranjan Goshwami and considering the same one co-accused has been granted privilege of anticipatory bail vide order dated 12.02.2018 passed inn Cr. Appeal (SJ) No. 2016 of 2018.

Heard learned Spl. P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the earned Addl. Sessions Judge-1st-cum-Special Judge, Jamui in ABP No. 1634 of 2018 arising out of Chandramandi P.S.Case No. 01 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, the appeal is allowed and the impugned order is set aside with respect to them.

(Vinod Kumar Sinha, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date