Sunil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36818 of 2015 Arising Out of PS.Case No. -123 Year- 2015 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Sunil Prasad Son of Sri Bochan Mahto Resident of Hira Nand Sah Ki Gali, Chowk Patnacity, P.S. Chowk, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dheeraj Kumar For the Opposite Party/s : Mr. Yogendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Patnacity Chowk P. S. Case No. 123/2015 registered for offences punishable under Sections 341, 323, 504/34 of the Indian Penal Code and 3 (i) (x) of S.C./S.T. Act.

The prosecution case as alleged in F.I.R. by informant Uday Kumar Das, son of Genda Prasad Das, resident of MuhallaHira Nand Sah Ki Gali Chowk, Patnacity that he is a labourer working with petitioner Sunil Prasad and he belongs to Schedule caste. The informant stated that his wages of Rs. 850/- was kept dues by the petitioner, Sunil Prasad. On demand the informant was asked by the petitioner to collect it from his house. When the informant and his wife went to the house of the petitioner, thereafter, petitioner and his Uncle, brother Buddho Mahto both

Patna High Court Cr.Misc. No.36818 of 2015 (2) dt.09-09-2015 2/2 attacked on the informant's head, thereafter blood started oozing from the head of the informant and petitioner told CHAMAR to the informant and assaulted the informant with fists and his wife also received injuries thereafter the informant raised " Hulla". Some neighbours came there and saved the informant. It has been submitted by the learned counsel for the petitioner that the petitioner has clean antecedent as stated in para-3 of the petition and the allegations against him are false and baseless. He has further submitted that no case under Section 3(i) (x) of S.C. /S.T. is made out against him.

Considering the facts and circumstances, in case of arrest or surrender within a period of six weeks from today the above named petitioner, namely, Sunil Prasad will be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patnacity in connection with Patnacity Chowk P.S. Case No. 123/2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure (Nilu Agrawal, J) Sudha/- U