Lokendra Yadav @ Lokendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27512 of 2017 Arising Out of PS.Case No. -272 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lokendra Yadav @ Lokendra Kumar son of Shri Chandrabhan Singh Yadav, R/o Ward No. 17, Parari Bujurg, P.S.- Maharajganj Sadar Kotwali, District- Maharajganj (U.P.), At present B.D.O. Harsidhi Block P.S.- Haridhi, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vasant Vikas, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Harsidhi P.S. Case No. 272 of 2016 registered for the offence punishable under Sections 147, 149, 323, 307, 353, 222, 223, 224, 225 and 120(B) of the Indian Penal Code. The prosecution case, as lodged by the vigilance team, is that on a complaint of one Ajay Kumar that the petitioner, who was working as Block Development Officer at Harsidhi, was demanding Rs. 15,000/- for execution of certain works, a trap was laid and the petitioner was caught

Patna High Court Cr.Misc. No.27512 of 2017 (3) dt.27-07-2017 2/3 red handed with Rs. 15,000/- by the trap team. On being taken from his chambers, about 300-400 persons assembled who resorted to stone pelting at the instance of the petitioner and other accused.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. In Vigilance P.S. Case No. 80 of 2017 lodged against him under Sections 7, 8, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, he is on bail and Sections 222, 223, 224, 225, 307 of the Indian Penal Code are not applicable against him, as there was a mob attack and the petitioner was not responsible for the same. He submits that he was taken in custody on 22.02.2017 in vigilance case and voluntarily surrendered in the present case on 04.05.2017.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each

Patna High Court Cr.Misc. No.27512 of 2017 (3) dt.27-07-2017 3/3 to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 272 of 2016.

(Nilu Agrawal, J.) Arjun/- U T