Jaikant Prasad @ Jaikant Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37267 of 2015 Arising Out of PS.Case No. -46 Year- 2012 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ======================================================

1. Jaikant Prasad @ Jaikant Sharma, son of Late Pokhan Mistri, resident of Mohalla- Khakhi Baba Chowk, Main Road Hilsa, P.S.- Hilsa, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that while informant was going home from his shop the petitioner and Ghanshyam Kumar and two nknown persons surrounded and abused by calling caste name. Ghanshyam Kumar assaulted with iron rod and this petitioner assaulted with wooden plank to the informant. The informant was being saved by Surendra Prasad and Ravindra Choudhary.

It is submitted by the learned counsel for the petitioner that during investigation accusation was not found

Patna High Court Cr.Misc. No.37267 of 2015 (2) dt.15-09-2015 true as the two persons Surendra Prasad and Ravindra Choudhary who alleged to have saved the informant, have stated during investigation that the informant was found on the road in the injured condition. Injury has been found simple in nature. The petitioner was not sent up for trial, but differing with the Final Form the cognizance has been taken. Considering the fact that for the occurrence of 24.09.2012 at 9.00 P.M. the First Information Report was registered on 25.09.2012 at 5.00 P.M. but the same reached to the learned Additional Chief Judicial Magistrate on 01.10.

2012 which suggests that First Information Report was registered by antedating and the accusation being not found true during investigation and coupled with the statement made in para-3 of the petition that petitioner has no criminal antecedent, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with S.C./S.T. P.S. Case No. 46 of 2012, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K.