Saroj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3529 of 2018 Arising Out of PS. Case No.-572 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Saroj Yadav, Son of Rama Shankar Yadav, Resident of Village- Keshopur, Police Station- Barahara, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vipin Kumar Singh For the Opposite Party/s :

Mr. SRI SANJAY KUMAR TIWARY ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks Anticipatory bail in connection with Ara (Town) P.S. Case No. 572 of 2017 registered under Sections 323, 341, 353, 427, 504, 506/34 of the Indian Penal Code. Informant is the A.S.I., Ara (Town) police station in his written statement he has stated that on 06.11.2017 at about 4:30 PM he along with other police officials were checking the vehicle, in the meantime the informant detained 13 motorcycles of the persons who were without helmet and some were triple loaded and also some had no documents and thereafter they were directed to deposit fine amount under M.V. Act. In the meantime the M.L.A. (Petitioner) and his supporters reached there and started abusing and using unparliamentary language against the informant and also stopped constable from checking vehicles, on protest by

Patna High Court Cr.Misc. No.3529 of 2018(3) dt.22-02-2018 2/2 informant snatched his cap and also damaged checking register. Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case as he has raised voice and organized Dharna and agitation over corruption in execution of social welfare schemes such as old age pension, widow pension and Indira Awas Yojna and harassment of innocent persons by police and administration. No case under Section 353 is made out and other Sections are bailable. Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara, in connection with Ara (Town) P.S. Case No. 572 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U