Krishna Murari Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44011 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Krishna Murari Mehta son of Sri Dilip Mehta resident of VillageKulhariya, Police Station- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-10-2015 Petitioner being Panchayat Mukhiya is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 386, 504/34 of the Indian Penal Code and Section 3(1)(x) of the SC & ST (Prevention of Atrocities) Act.

The prosecution case is that informant being PDS dealer requested the petitioner to verify the stock register of the grains of BPL beneficiaries then he demanded rupees twenty five thousand for making verification of the stock register. On refusal of the same, the informant and his son were abused and life threatening was given. Co-accused Lalan Mehta snatched key of the vehicle from the son of the informant who has also been assaulted.

It is submitted by learned counsel for the petitioner that in the year 2013 the petitioner recommended for

Patna High Court Cr.Misc. No.44011 of 2015 (2) dt.29-10-2015 2/2 irregularity being committed in distribution of the grains of the informant. Subsequently a complaint was filed against the informant by co-accused Lalan Kumar Mehta which was also forwarded to the higher authority. Hence, as a retaliatory measure the present accusation has been levelled. It is submitted by learned counsel for the informant that accusation is specific in the F.I.R against the petitioner.

Considering the nature of accusation and the fact that earlier a complaint was made by the petitioner No. 1 against the informant, it is a case for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Babubarhi P.S. Case No. 51 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Madhubani.

With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T