Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72780 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- SIRDALA District- Nawada ====================================================== Sanjay Yadav S/o late Kauleshwar Yadav Resident of Village- Bisiayat, P.S. Meskaur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Sirdalla P.S. Case No. 187 of 2018 dated 22.06.2018 instituted for the offences under Sections 147, 148, 149, 341, 353, 384, 504, 186, 431 of the Indian Penal Code.

The petitioner is the husband of co-accused Rekha Devi, who is Mukhiya of the concerned Panchayat. It has been alleged in the F.I.R that when the construction of the road was going on, the petitioner and his wife along with his associates demanded rupees two lakhs as protection money before starting any work.

Patna High Court Cr.Misc. No.72780 of 2018(2) dt.21-12-2018 2/3 The learned counsel for the petitioner has submitted that an absolutely false allegation has been raised against the petitioner and others. In fact, the contractor had dumped the stone-chips on the agricultural land which was protested by the local villagers. In fact, a representation was given by the concerned authorities at the instance of the local/Panchayat functionaries but no heed was paid. Only because of the petitioner having protested against the manner in which the construction work was being carried out by dumping the raw materials on the agricultural land, he has been made accused in this case.

One other case in which the petitioner has been made accused, is of the year 2003, in which he is on bail. Regard being had to the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection

Patna High Court Cr.Misc. No.72780 of 2018(2) dt.21-12-2018 3/3 with Sirdalla P.S. Case No. 187 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T