Raj Aryan @ Sachin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25361 of 2023 Arising Out of PS. Case No.-515 Year-2022 Thana- BODHGAYA District- Gaya ====================================================== 1.

Raj Aryan @ Sachin Yadav Son Of Roshan Yadav Resident Of VillageSijna, Ps- Bodh Gaya, Distt- Gaya 2.

Rohan Yadav Son Of Late Jehal Yadav Resident Of Village- Sisiya Bandh, Ps- Barari, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the State :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioners are apprehending their arrest in connection with Bodh Gaya P.S. Case No. 515 of 2022 registered for the offence punishable under Sections 147, 148, 149, 337, 338, 353, 504, 506 of the Indian Penal Code (for brevity 'IPC') and Section 27 of the Arms Act. The police officer has lodged the First Information Report (for brevity 'F.I.R.') based on communication of the Circle Officer, Bodhgaya that when they had gone to conduct measurement of certain lands, some brokers and real estate agents, namely the petitioners, along with 20-25 unknown

Patna High Court CR. MISC. No.25361 of 2023(2) dt.07-07-2023 2/2 accused persons came there, and started to abuse them and also indulged in brick-batting on the police officials, hindering discharge of their duty.

Learned counsel for the petitioner submits that they have been falsely implicated in this case due to village politics. Learned APP for the State has opposed the prayer for anticipatory bail. Learned Sessions Judge, Gaya, while rejecting the petitioners' prayer for anticipatory bail on 01.02.2023, has taken note of the fact that the petitioners had concealed their criminal antecedents. This Court would find that petitioners have criminal antecedents.

Considering the rival submissions, the nature of allegation regarding obstructing official discharge of duty by use of violence, criminal antecedents of the petitioners and the suppression of criminal antecedents by the petitioners in the Court of learned Sessions Judge, Gaya, this Court is not inclined to allow the petitioners' prayer for grant of anticipatory bail. Application is, accordingly, rejected.

(Madhuresh Prasad, J) Raj kishore/- U T