Patna High CourtCR. MISC./33214/2017rejected

Bechan Prasad Yadav @ Bechan Yadav v. The State Of Bihar

2017-07-24Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33214 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -KISHUNPUR District- SUPAUL =========================================================== BECHAN PRASAD YADAV @ BECHAN YADAV Son of Bashishta Narayan Yadav, Resident of Village-Nawabakhar, P.S.-Kishanpur, District-Supaul. .... .... Petitioner

Versus

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

For the Petitioner : Mr.

For the Opposite Party : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 24-07-2017 Heard both sides.

Allegation against the petitioner is that he was elected as member of Panchayat Samiti due to deliberate suppression of his previous conviction in a criminal case.

Submission of the learned counsel for the petitioner is that the alleged offence under Section 125(a)(1) of the Panchayat Raj Act, 2006 is punishable with imprisonment of one year and offence under Section 420 of the Indian Penal Code is not made out as ingredients of cheating is not there. Similarly, offence under Section 193 of the Indian Penal Code is also not made out as there is no allegation of producing forged document in a judicial proceeding or otherwise.

Considering the nature of allegation against the petitioner, in my view, he does not deserve protection of anticipatory

Patna High Court Cr.Misc. No.33214 of 2017 dt.24-07-2017 2/2 bail. Hence, prayer is refused in connection with Kishanpur P.S. Case No. 61 of 2017 pending in the Court of learned Chief Judicial Magistrate, Supaul.

However, the learned court below in the event of surrender of the petitioner within fifteen days shall dispose of the regular bail application without being prejudiced of this order and also considering the fact that no allegation of cheating is there as per the definition of word cheating in Section 415 of the Indian Penal Code. (Birendra Kumar, J) Kundan/- AFR/NAFR N.A.

CAV DATE N.A.

Uploading Date 26.07.2017 Transmission Date 26.07.2017