Devendra Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.735 of 2016 Arising Out of PS.Case No. -65 Year- 2016 Thana -BALIA District- BEGUSARAI ====================================================== DEVENDRA CHOUDHARY SON OF RAMADHIN CHOUDHARY RESIDENT OF VILLAGE- MASUDANPUR, P.S.- BALIA, DISTRICTBEGUSARAI. .... .... APPELLANT/S
VERSUS
THE STATE OF BIHAR .... .... RESPONDENT/S.
====================================================== Appearance:
For the Appellant/s : Mr. Ravi Ranjan, Adv. For the Informant : Mr. Pritish Kumar Lal, Adv. For the State : Smt. Usha Kumari No.1, Spl.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-02-2017 Heard learned counsel for the appellant as well as learned counsel for the informant along with learned Special Public Prosecutor.
Informant who happens to be Bhabhiof both the deceased while was present at the flour mill of Rakesh Chaudhary had seen that Mahesh Ram and Ram Prawesh Ram were coming over motorcycle from Balia bazaar who were intercepted by so many persons including the appellant and then all of them dragged Mahesh as well as Ram Pravesh and then Surendra, Himmat Chaudhary, Jitendra Chaudhary, Chhote Chaudhary made indiscriminate firing causing instantaneous death so many villagers hearing sound of firing arrived who have had witnessed the occurrence. From perusal of the case diary, it is evident that witness Sarita Devi (Para-19) and Parwati Devi (Para-20) have stated in identifying all the culprit in omnibus way to be assailant of both the deceased while other witnesses have stated identifying those whose name figured in the written report to be the assailant of both the deceased.
Patna High Court CR. APP (SJ) No.735 of 2016 (7) dt.22-02-2017 Consequent thereupon, setting aside the order dated 25.05.2016 passed by the learned lower court relating to Balia P.S. Case No.65/2016, appellant Devendra Choudhary 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 Special Judge, SC/ST, Begusarai in connection with Balia P.S. Case No.65/2016. Consequent thereupon, appeal is allowed. Prakash Narayan (Aditya Kumar Trivedi, J.) U T